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CHAPTER 3

TRANSFERS, POSTINGS AND DEPUTATIONS


(373 - 374)
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CHAPTER 3

TRANSFERS, POSTINGS AND DEPUTATIONS

Sl. Chapter Contents Page


No(s). No(s).

I. POSTING AND TRANSFER


1 General Conditions Regarding Postings, Transfers and 381
Deputation-F.R. 15.
1.1 Policy Guidelines for Postings/Transfers of Officers 381
1.2 Normal Tenure of Posting 382
1.3 Posting of Serving Husband/Wife at the Same Station 383
1.4 Posting of Unmarried Female Government Servants at the 384
Place of Residence of Parents/Family
1.5 Posting of Married Female Government Servants at the Place 386
of Residence/Posting of Their Husbands Who are Not in
Government Employment
1.6 Normal Tenure for an Officer on the Same Job/Post 386
1.7 Posting of Officers in Pakistan Missions Abroad 386
1.8 Guidelines for Selection of the Officers for Posting Abroad in 387
Pakistan Missions
2 Procedure for Selection of Candidates for Appointment in Pakistan 389
Missions Abroad
2.1 Seeking Reversion to Lower Post for Posting Abroad 389
2.2 Authorities Empowered to Make Postings and Transfers of 390
Officers and Staff
2.3 Postings and Transfers of Officers who hold the Status of Joint 391
Secretary to the Federal Government
3 Rotation Policy For DMG/PSP Officers 391

3.1 Rotation Policy For *DMG/PSP Officers 394

4 Grant of Leave to Transferred Officers 395

4.1 Grant of Leave and Notification of Transferred Officers 395

4.2 Charge Report by Officers Proceeding on Transfer 395

5 Diplomatic Status to Civilian Officers of Other Ministries/ Divisions 396


Posted in Pakistan Missions Abroad

District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions
O.M.No.6/3/2012-CP-II dated 21-05-2012.
376

5.1 Premature Transfer of Government Servants Between 396


Pakistan and Pakistan Missions Abroad

6 Government Servants (Applications for Services and Posts) Rules, 397


1966

7 Failure of the Provincial Governments and Federal Ministries/ 401


Divisions to Inform the F.P.S.C. about Withholding of Application
Within One Month of the Closing Date Not to Affect the
Candidate's Selection/Appointment

7.1 Recruitment of Candidates on a Pay Higher Than the 402


Minimum Scale of the Post

7.2 Belated Requests for Cancellation/Withdrawal/ 403


Postponement etc. of the Requisitions Received by FPSC

7.3 Modifications in Requisitions Placed with FPSC 403

7.4 Change in Requisition for Recruitment Placed with the FPSC 404

7.5 Check on Amendment, Cancellation/Withdrawal of 404


Requisition Sent to the FPSC

7.6 Revised Requisition Form for Direct-Recruitment Through 405


the Commission

7.7 Grant of Starting Salary to Candidates after Selection by the 410


Federal Public Service Commission

7.8 Recruitment to Posts in BPS 16 and Above 411

7.9 General Instructions for Submission of Applications for 411


Various Posts- Competitive Examination-Number of Chances
for Government Servants who are in Grade-16 and Below

7.10 Right of Government Servants to Apply for Higher Posts in 412


Other Offices

7.11 Applications of Section Officers 413

7.12 Appropriate Authority for Forwarding of Applications Through 413


Proper Channel

7.13 Avoidance of Delay in Forwarding Applications of Government 414


Servants to the F.P.S.C.

7.14 Competitive Examinations/Selections Held by F.P.S.C.- 414


Applications of Departmental Candidates

7.15 Practice of Withholding/Forwarding of Applications of 415


Departmental Candidates to F.P.S.C
377

II. (A) TRANSFER TO FOREIGN SERVICE


IN PAKISTAN: DEPUTATION
8 Explanation of the Term "deputation" 415

8.1 Deputation of Government Servants Period of Deputation 415

8.2 Delegation of Powers in Regard to Deputation of 418


Government Servants
8.3 Deputation of Government Servants 418

8.4 Deputation Period Absorption of Deputationists 419

8.5 Deputation of Government Servants Normal Period of 421


Deputation and Extension
8.6 Terms and Conditions of Deputation of Civil Servants 422
8.7 Deputation Not a Method of Appointment 422
8.8 Deputation of Government Servants Procedure for 424
Extension
8.9 Terms and Conditions of Deputation of Civil Servants 424
8.10 Terms and Conditions of Deputation of Civil Servants to 428
Foreign Service in Pakistan

8.11 Instructions to Regulate Cases of Transfers/Deputation of 429


Staff from One Office to Another
9 Grant of Deputation Allowance 433

9.1 Clarification About Deputation Allowance 434

9.2 Bar Against the Use of the Term "Deputation Allowance" 434

10 Right of Reversion to Temporary Government Servants 435


10.1 Reversion of Probationers Undergoing Training at the Civil 436
Services Academy to Their Former Post
10.2 Reversion of Deputationists 436
10.3 Lien of Government Servants Objective and Administrative 439
Implications
10.4 Procedure for Confirmation of Deputationists 440
10.5 Confirmation of Deputationists by Borrowing Offices 440
10.6 Counting of Period of Formal Promotion Towards Increment 441
on Reversion to Parent Office
378

11 Application of Section Officers for Ex-Cadre Posts 441


11.1 Deputation of Section Officers Against Other Posts 442
11.2 Gazetted and Non-Gazetted Technical Services 443
12 Deputationists from Provincial Governments 444

12.1 Change in Terms and Conditions of Deputationists 444

12.2 Ruling Regarding Employees from Provinces/Authority on 445


Deputation to Federation
12.3 Convention Between the Federal Government and the 445
Provincial Governments Inter-Se Regarding Terms and
Conditions of Deputationists
12.4 Appointment of Provincial Government Employees Against 446
BPS 17 and Above Posts Under the Federal Government
12.5 Deputation of Officers/Staff in Gilgit Baltistan of the 447
Federation/ Provinces and Vice Versa
12.6 Bar Against Asking Officers by Name for Posting in 447
Corporations/Autonomous Bodies
13 Bar Against Allowing Officers to go on Deputation Against Lower 448
Posts
14 Benefit of Promotion in Parent Cadre while in Foreign Service 448
14.1 Drawal of Rewards, Remuneration and Other Concessions 449
Not Specifically Sanctioned.
15 Recovery of Leave Salary and Pension Contribution in Respect of 450
Federal Government Employees on Deputation to Foreign Service
within Pakistan or Abroad
15.1 Procedure for Recovery of Leave Salary and Pension 450
Contributions
15.2 Recoveries of Dues from Government Servants in Foreign 452
Exchange
II. (B) TRANSFER TO FOREIGN SERVICE
OUT OF PAKISTAN: DEPUTATION
16 Receiving or Soliciting Direct Offers of Appointment from Private 453
Firms/Organizations
16.1 Adequate Circulation of Vacancy Notice View of Special 453
Selection Board
16.2 Decisions by Special Selection Board 454
16.3 Circulation of Vacancy Notices 454
379

16.4 Circulation of Job Descriptions 454


17 Functions of the Special Selection Board 455
17.1 Procedure for Submission of Cases to S.S.B 456
17.2 Sparability Certificate 457
17.3 Requirement of Second Approval by S.S.B 457
17.4 Clearance for Posting Abroad or on Deputation 457
18 Standard Terms and Conditions of Service for Government 458
Servants who Proceed for Service Abroad

18.1 Maximum Period of Employment Abroad 460


18.2 Option of Premature Retirement by Deputationists Abroad 461
18.3 Extension in Deputation Decision by Special Selection 461
Board
18.4 Deputation Against Pakistani Posts Abroad 461
18.5 Deputation Against Pakistani Posts Abroad Proposal for 462
Replacement
18.6 Extension in the Deputation of Officers Posted in Pakistan 462
Missions Abroad
19 SOPs For Recalling of Officers posted on Deputation against 462
Pakistans Positions Abroad

20 Deputation of Pakistanis in International Organisations as Short- 464


Term Consultant

20.1 Consultancy Assignment 464


20.2 Procedure for Deposit of Consultancy Fee 465
21 Policy Concerning Promotion of Civil Servants on Deputation 465
Abroad

21.1 Policy Governing Civil servants on Deputation Abroad 466


21.2 Size of Family Members of Serving Personnel Selected for 467
Secondment Abroad
21.3 Size of Family Members of Serving Personnel Selected For 468
Secondment Abroad
21.4 Deputation Abroad Beyond Five Years and Placement in 468
Static List
22 Publicity of Vacancies in International Agencies, Foreign 469
Governments and Private Organization
22.1 Size of Family Members for Secondment Abroad 469
380

22.2 Deputation of Defence Officers in Civil : Requisition by 469


Name
22.3 Terms and Conditions of Deputation Abroad of Police Officials 470
on UN Peace- Keeping Missions
23 Deployment of Police Personnel in UN Missions 471
23.1 Deputation/Employment etc. of Government Servants with 472
International Organizations/Foreign Governments/United
Nations Specialized Agencies
24 Recruitment to Excluded Posts and of Persons in Subordinate 473
Offices for Appointment in Secretariat/Attached Departments

______________
381

I. POSTING AND TRANSFER

Sl. No. 1
General Conditions Regarding Postings, Transfers and Deputation- F.R. 15.

(a) The Governor-General may transfer a Government servant from one


post to another; provided that, except
(1) on account of inefficiency or misbehaviour,
or

(2) on his written request,

a Government servant shall not be transferred substantively to, or,


except in a case covered by rule 49, appointed to officiate in, a post
carrying less pay than the pay of the permanent post on which he
holds a lien or would hold a lien had, his lien not been suspended
under rule 14.
(b) Nothing contained in clause (a) of this Rule or in clause (13) of Rule 9
shall operate to prevent the retransfer of a Government servant to the
post on which he would hold a lien, had it not been suspended in
accordance with the provisions of clause (a) of rule 14.

Government decision. Permanent transfers from a higher to a lower


scale in anticipation of the abolition of a post are not transfers within
the meaning of F.R. 15.
[Authority.- Government of India, Finance Divisions letter
No.F-452-R.I/27, dated 1-2-1928].

1.1 Policy Guidelines for Postings/


Transfers of Officers

It has now been decided by the President that postings/transfers of officers


of Grade-17 and above in all Occupational Groups/ Services/Ex-cadre posts,
etc., will, henceforth, be made according to the Rules of Business, 1973 by the
respective Ministries/Departments who are responsible for their administrative
control.
2. The following guidelines may, however, be observed by the
Ministries/Departments regarding policy concerning transfers:-

(1) Transfer between Pakistan and foreign countries should normally be


made only after 3 years. If an officer is required to be transferred
earlier than 3 years, the orders of Establishment Division are required
to be obtained.

President/Prime Minister.

BPS.
382

(2) Officers should not be transferred as a result of their taking leave for
short periods for rest and recreation for which only acting
arrangements should be made.

(3) Ordinarily 3 months notice should be given to government servants


who are transferred from one station to another to enable them to
plan their affairs.

3. The above instructions may be passed on to departments under the


administrative control of the Division/Ministry.
[Authority.- Establishment Secretary's D.O. letter No.1/24/78, C.P., dated 30-9-1978].

1.2 Normal Tenure of Posting

It has been observed that government instructions with regard to normal


tenure for an officer on the same job/post issued from time to time are not being
followed with the result that in some Ministries/Divisions/Departments, officers have
continued to work on the same desk for unduly long periods. The position has been
reviewed and the competent authority has laid down the following criteria for
posting/transfer of the officers working in Ministries/ Divisions and the Attached
Departments/Subordinate Offices, Autonomous and Semi-Autonomous
Organizations, under their administrative control:

I. POSTINGS/TRANSFERS WITHIN PAKISTAN

(i) The normal tenure of an officer on the same post should be three
years. Posting of an officer on the same post beyond the normal
tenure will require concurrence of the competent authority, in each
case.

(ii) Shifting of the officer may be phased in a manner that no dislocation


in the official work takes place due to large scale transfers.

(iii) Ordinarily, three months notice should be given to the officer who is to
be transferred. Exception may, however, be made in case the officer is
required to be shifted immediately in the public interest with the approval
of the competent authority.

(iv) Orders for premature transfers in the Ministries/Divisions/


Departments of the Federal Government should be referred to the
Establishment Division; and in the Autonomous/Semi-Autonomous
Organizations to the administrative Ministry concerned.

(v) These instructions will not strictly apply to technical and professional
officers/experts recruited for particular posts. However, posting/
transfer of such officers may also be rotated in their parent
departments/cadres as far as possible in accordance with the rules of
the post.
383

II. Postings/Transfers to Pakistan Missions Abroad (Other Than


Posts Administered by Ministry of Foreign Affairs)

(i) Posts in foreign missions abroad should be filled on the basis of


detailed job descriptions to be prepared by the controlling Ministry;

(ii) The controlling Ministry should prepare a panel of suitable officers for
the post;

(iii) The panel of suitable officers should be considered by a Committee


of the controlling Ministry including a representative of the
Establishment Division;

(iv) The recommendations of the Committee should be considered by the


Special Selection Board; and

(v) The recommendations of the Special Selection Board should be


submitted to the competent authority for approval.

2. Ministries/Divisions are requested to proceed further in the matter of


postings/transfers as above and bring these instructions to the notice of all
departments, offices, autonomous/semi-autonomous bodies and corporations
under their control for strict compliance.

[Authority.- Estt. Divisions O.M. No.10/10/94-R.2, dated 22-3-1994].

1.3 Posting of Serving Husband/Wife


at the Same Station

The government has taken note of the socio-economic problems and


hardship faced by husbands and wives in government service due to posting at
different stations of duty, and it has been decided to prescribe the following
guidelines to facilitate posting of husband and wife at the same station:

(i) Where a request is made for posting at a different station in the same
department/service/cadre in which an employee is already serving,
the request may be accepted subject to availability of a post in the
same BPS.

(ii) If a request involves temporary deputation to another department, it


may be processed in consultation with the department concerned,
and may be accepted on the prescribed terms of deputation subject
to availability of a post in the same BPS.

(iii) When a request is made for permanent transfer to absorption in


another department/agency, the request may be processed in
consultation with the department concerned, subject to the condition
that in the event of permanent transfer, seniority shall be determined
in accordance with the Civil Servants (Seniority) Rules, 1993.
384

(iv) If there is a tie between two or more government servants for posting at
the same station in the same department/unit of an organization, the
government servant with greater length of service may be preferred.

(v) Request for posting by a spouse facing serious medical problems


may be accorded highest priority.

(vi) Spouses already posted at one station, including those posted on


deputation beyond the prescribed maximum period, may not normally
be disturbed without compelling reasons of public interest. Requests
for extension of deputation period beyond the permissible limit may be
considered with compassion if interests of public service would
permit.

2. The above guidelines are subject to the following conditions:-

(i) Posting of husband and wife at the same station should not be made
by dislocation of any government servant already serving at a
particular station unless his transfer is necessitated by compelling
reasons of public interest or within the framework of general policy of
postings and transfers.

(ii) The prescribed selection authority should be consulted in each case.

3. All government servants whose spouses are in government service


may be asked to furnish, at the end of every calendar year, the particulars of their
spouses to their controlling Ministries/Divisions so as to facilitate maintenance of
*
ICP Charts and up-to-date monitoring of the situation.

4. The above guidelines may be circulated to the autonomous bodies


under the charge of Ministries/Divisions for adoption, with such modifications, as
may be considered necessary.

[Authority. Estt. Divisions O.M.No. 10/30/97-R.II, dated 13-5-1998].

1.4 Posting of Unmarried Female Government


Servants at the Place of Residence of
Parents/Family

It has been brought to the notice of government that unmarried female


government servants face socio-economic and security problems when they are
posted at stations other than the place of residence of their parents/family. The
government has taken note of this difficulty and it has been decided to prescribe the
following guidelines for dealing with requests of unmarried female government
servants for posting at the place of residence of their parents/family:-

* Individual Career Planning.


385

(i) Where a request is made for posting at a different station in the same
department/service/cadre in which an employee is already serving,
the request may be accepted subject to availability of a post in the
same BPS.

(ii) If a request involves temporary deputation to another department, it


may be processed in consultation with the department concerned,
and may be accepted on the prescribed terms of deputation subject
to availability of a post in the same BPS.

(iii) When a request is made for permanent transfer to absorption in


another department/agency, the request may be processed in
consultation with the department concerned, subject to the condition
that in the event of permanent transfer, seniority shall be determined
in accordance with Rule 4 of the Civil Servants (Seniority) Rules,
1993.

(iv) If there is a tie between two or more government servants for posting
at the same station in the same department/unit of an organization,
the government servant with greater length of service may be
preferred.

(v) Request for posting by an unmarried female government servant


facing serious medical problems may be accorded highest
priority.

(vi) Unmarried female government servants already posted at a station,


including those posted on deputation beyond the prescribed
maximum period, may normally not be disturbed without compelling
reasons of public interest. Requests for extension of deputation
period beyond the permissible limit may be considered with
compassion, if interests of public service would permit.

2. The above guidelines are subject to the following conditions:-

(i) Posting of unmarried female government servants at the station of


residence of their parents/family should not be made by dislocation of
any government servant already serving at a particular station unless
his transfer is necessitated by compelling reasons of public interest or
within the framework of general policy of postings and transfer.

(ii) The prescribed selection authority should be consulted in each case.

3. It has also been decided that the above guidelines shall also be
followed by autonomous/semi-autonomous bodies/ corporations etc. under the
control of the Federal Government.

[Authority. Estt. Divisions O.M. No.10/30/97-R-2, dated 17-12-1999].


386

1.5 Posting of Married Female Government Servants


at the Place of Residence/Posting of Their
Husbands Who are Not in Government
Employment

Keeping in view the socio-economic problems and hardships faced by


husbands and wives in government service due to posting at different stations of
duty, the Establishment Division issued instructions/guidelines vide its OM
No. 10/39/97-R-2, dated 13.5.1998 and 17.12.1999 to facilitate posting of husbands
and wives at the same station and the posting of the unmarried female civil servants
at the place of residence of then parents/families. With a view to facilitating those
female government servants whose spouses are not in government service or
employed in the private sector or unemployed, it has been decided to extend the
facility to this class of government servants also to the above to serve at the place
of residence of their spouses irrespective of whether such spouses, are employed
with the government, private sector, or even un-employed.

[Authority: Estt. Div.s OM No. 10/30/97-R-2, dated 21-4-2006].

1.6 Normal Tenure for an Officer


on the Same Job/Post

It has been observed that a number of officers remain at the same desk for
considerable period of time. This arrangement is not administratively desirable as
the officers holding the same post for a long time tend to develop rigidity in the
outlook and ideas and do not view the problems with the same objectivity as they
normally should. It is, therefore, essential that officers should not be allowed to
remain on the same job for any length of time. Normal tenure for an officer on the
same post should be three years and should not exceed five years in any case.

2. The above orders apply not only to the Ministries and Divisions but
also to all kinds of organizations, including the Attached Departments and
Subordinate Offices as well as autonomous bodies and corporations under the
administrative control of the various Federal Ministries/Divisions.

3. As regards the technical officers/experts, if they have been recruited


for the same post in which they are working, the orders referred to above will not
apply. However, if it is possible to rotate such officers, this may be done.
[Authority.- Establishment Secretary's d.o. letter Nos.27/370-F.1,
dated 4-11-1970 and 30-6-1971].

1.7 Posting of Officers in Pakistan


Missions Abroad

Refer to the decision of the Competent Authority in the Chief Executive


Secretariat on the above subject and to say that the Chief Executive of Pakistan
shall be the approving authority for all appointments/postings against posts in BS-17
387

and above, pertaining to Ministry of Commerce, Ministry of Labour, Manpower &


Overseas Pakistanis, Ministry of Information & Media Development and for posts at
the strength of other Ministries/Divisions in Pakistan Missions abroad.

2. The Special Selection Board constituted with the approval of the


Competent Authority in respect of officers in BS-17 and above, shall continue
functioning as at present. The recommendations of the S.S.B. will be placed before
the Chief Executive for final approval as mandated by the policy guidelines vide this
Divisions O.M. of even number dated 28-12-1981 for posting in Pakistan Mission
abroad.

3. The authorities to approve cases of deputation/employment abroad


with International Organization/Foreign Governments shall continue to be the same
as notified vide this Divisions O.M No.1/25/99-T-IV, dated February 12,2000.

4. These instructions may be circulated for strict compliance.

[Authority:Establishment Divisions O.M. No.4/7/81-T-IV dated 25-06-2001].

1.8 Guidelines for Selection of the


Officers for Posting Abroad in
Pakistan Missions

The President has been pleased to approve the following guidelines for
selection of officers for posting abroad in Pakistan Missions:-

1. Posts will be filled on the basis of detailed job descriptions to be


prepared by the controlling Ministry.
2. The controlling Ministry will:

(a) prepare a panel of suitable officers for the post on the basis of
job description from amongst the officers working in or
controlled by the Ministry;

(b) [The Ministries /Divisions shall invite nominations and process


the applications at their own for selection of officers against their
posts in Pakistan Missions abroad in accordance with
Guidelines laid down in the Establishment Divisions OM No.
4/7/81-T-IV dated 28-12-1981. Cases for consideration of the
Special Selection Board shall be submitted to the Establishment
Division by concerned Ministry / Division, complete in all
respects, as usual. The Establishment Division shall remain
member on the selection board of the Ministry and Special
Selection Board (SSB)].

Substituted vide Estt: Div.s OM No. 4/17/89-T-IV dated 8-6-2012.


388

3. This panel will be considered by a Committee in the Ministry/Division


which exercises administrative control of the posts to be filled. The
Committee shall include a representative of the Establishment
Division.

4. The Committee will select, after due scrutiny, a panel of three officers
against each post, taking into consideration the following factors:-

(a) The selectee fulfills the requirements of the post as detailed in


the job description.

(b) The selectee is in the same grade as the post to be filled.


Officers from higher or lower *grades will not be considered.

(c) The selectee has an overall good record of service particularly


during the last five years of service.

(d) The selectee is, at least, a graduate or possesses the technical


qualification required for the job.

(e) Persons within promotion zone within the next 2 years should
not be considered.

(f) Those likely to retire during the next 4 years should not be
considered.

(g) An officer should not be posted abroad more than once.

5. The panel of three officers selected by the Committee on the above criteria
will be submitted to the Special Selection Board for final selection including
interview.

6. The recommendations of Special Selection Board shall be submitted


to the President for approval.

7. The Ministries/Divisions are requested to strictly follow this procedure


in future while recommending officers for posting abroad in Pakistan
Missions.
[Authority.- Estt. Div.s O.M.No.4/7/81-TIV, dated 28-12-1981].

CLARIFICATION

It is clarified that Ministries/Divisions having administrative control of the


post shall be responsible for scrutiny of the applications/documents called directly
by the Ministry or received through the Establishment Division in order to finalize the
eligibility of the applicant, in the light of the above referred policy O.M. and submit

BPS.
389

case complete in all respect to its Departmental Selection Committee (DSC) for
consideration before sending the recommendation of DSC to Special Selection
Board (SSB).

[Authority: Establishment Divisions O.M. No.4/7/81-T-IV dated 24-04-2012].

Sl. No. 2

Procedure for Selection of Candidates for Appointment in Pakistan Missions


Abroad

Reference Establishment Division's O.M. of even number dated 28th


December, 1981 that in order to ensure uniformity in selection of candidates for
appointment in Pakistan's Missions Abroad, the following procedure be adopted by
the Selection Committee to draw up the panel for submission to the Special
Selection Board:-

1. The Selection Committee will allocate marks to be distributed as


under:-

Marks
(i) Officer's Record 50
(ii) Assessment by the Committee 50
(a) Interview 30
(b) Experience 20

Total = 100

2. The evaluation of record shall be computed against the scale of 50


marks in accordance with the formula for overall assessment
enunciated in the Promotion Policy circulated vide Establishment
Division's letter No. 10(3)/81-CP-I(Pt), dated 31st October, 1982.

3. The Committee will interview the candidates to assess their fitness for
the job.

4. Marks for experience should take into account the experience and
additional qualifications relevant to the job. No marks need be
allocated for the basic qualifications required for the post.
[Authority: Estt. Div.s O.M. No.4/7/81-T.IV, dated 18-1-1983].

2.1 Seeking Reversion to Lower


Post for Posting Abroad

Instances have come to the notice of Establishment Division where the


Ministries/Divisions have been found indulging in the practice of permitting the
employees serving under them, especially those belonging to the ministerial cadre
390

holding posts of Private Secretary, Superintendent, Assistant, *Stenographer etc. to


revert to the lower post with a view to facilitating their posting in Pakistan Missions
abroad. In the recent past a few Ministries/Divisions approached this Division also
supporting requests of their employees for reversion to lower posts for the purpose
of posting abroad.

2. The above matter has been given careful consideration keeping in


view the provisions of section 10 of the Civil Servants Act, 1973 and F.R. 15. It has
been held that these provisions do not lend any support to voluntary requests of
officials for reversion to lower posts with a view to winning posting in Pakistan
Missions/offices in foreign countries.

3. In view of above, it is advised that the requirements of Pakistan


Missions/offices abroad may be met by restricting selection to holders of
corresponding posts in Ministries/Divisions. The selection for posting abroad may
be made on the basis of seniority-cum-fitness by an ad hoc committee to be
constituted specifically for the purpose.

[Authority.- Estt. Divisions O.M.No.4/8/85-R.6 dated 3-12-1985].

2.2 Authorities Empowered to Make


Postings and Transfers of Officers
and Staff

Officers in Grade 17 and Above.

1. Apart from first appointments and disciplinary measures, other


administrative powers will be exercised by the Heads of Departments who should
deal with all matters of postings, transfers, increments and leave, etc. except in the
case of their deputies about whom references will be made to government.

Officers in **Grade 16

2. Subject to the observance of general rules regulating the strength of


the service, the method of recruitment (including consultation with the F.P.S.C.
wherever required) and the conditions of service, the Heads of Departments will be
the appointing authority in respect of all services/posts under his jurisdiction and
exercise full powers in respect of their posting, transfer and discipline.

Officials in **Grade 1-15

3. The Head of the Department will be the final authority in all matters.
[Authority.- Estt. Divisions O.M.No.7/ 59-S.O., dated 15-1-1960 read with Sl. No. 6/A of
Appendix 4 of the Compilation of Fundamental and Supplementary Rules].

* Now Assistant Private Secretary.

BPS
391

2.3 Postings and Transfers of Officers


who hold the Status of Joint Secretary
to the Federal Government

Reference Government of Balochistan letter No. 7-1/70-SOI (S&GAD),


dated the 29th January, 1974 on the subject. In cases where the appointing
authority is the President/Federal Government, the Provincial Government may
issue only notifications of posting/assumption of charge in respect of an officer after
his services have been placed at their disposal by the Federal Government through
a formal notification. The Federal Government is required to be invariably consulted
before the services of an officer, whether belonging to Provincial Government or to
the Federal Government, serving under a province, are either replaced or placed at
the disposal of the Federal Government.

[Authority.- Estt. Divisions Letter No. 35/2/74-AI, dated 9-5-1974].

Sl. No. 3

Rotation Policy for DMG/PSP Officers

The competent authority, after consultation with the Provincial


Governments, has been pleased to approve a rotation policy for *DMG & PSP
officers with the following broad guidelines/ principles:-

(i) With a view to achieving the broader national objectives viz national
integration and cohesion, underlying the concept of All Pakistan
Services, a *DMG & PSP officer shall be liable to serve in, at least,
two provinces as well as in the Federal Government during his
career. However in the exigencies of service, an officer may be
posted to a third province, or the Northern Areas and/or AJK.
Posting in the Federal Government at various stages would be
made against the vacancies apportioned for such officers as per
law, rules/policy.

(ii) For assignment to provinces the preference of an officer would be


kept in view subject to availability of vacancies in a province.

(iii) A *DMG & PSP officer shall be liable to serve at various levels for
the tenure(s) as prescribed below:-

District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions
O.M.No.6/3/2012-CP-II dated 21-05-2012.

Now Gilgit Baltistan.


392

During initial span of 12 years of service (BPS-17 & 18/equivalent


posts)

(a) Training in Civil Service Academy. One year


(b) Province of first allocation (which Five years
shall not be the home province). (including
period of
probation and
trainings).
(c) Federal Secretariat (on promotion). Three years

(d) Province of second allocation. Three years



(e) Province of Balochistan. Three (03) years.
Service in BPS-17 &
18 (excluding period of
deputation, long
training/leave).

During next span of 12-25 years of service (BPS-19 & 20)

(a) Province of first allocation Three years


(b) Federal Government Three years
(c) Province of second allocation Three years
(d) Federal Government or Three years
Province of first allocation
*(e) Province of Balochistan. Three (03) years. Service in
BPS-17 & 18 (excluding period
of deputation, long training/
leave) if not served in province
of Balochistan while in initial
span of 12 years service
(BS-17 & 18/ equivalent post)

During remaining span of service

Assignment(s) against such posts may be made for a tenure not


exceeding 5 years each, in the Provincial Governments and the Federal
Government on merit/selection basis, in the public interest.

(i) The rotation policy shall be implemented by a Selection


Committee headed by the Establishment Secretary with Chief

Inserted vide Estt: Div.s O.M. No. 1/1/2012-CP-II dated 17-8-2012.


393

Secretaries of the provinces as its Members. The Committee


shall meet bi-annually to consider and recommend postings/
transfers to the prescribed approving authority/authorities.

(ii) It shall be ensured that the *DMG & PSP officers during their career,
are assigned field and staff assignments under the Federal and
Provincial Governments including the instructional positions in the
training institutions tenable by them, and commensurate with their
experience/ background, etc. in order to expose them to varied
experience.

(iii) Application of the above rotation policy in respect of officers at


present serving at various levels would start in accordance with
the principle of at least rotated-first transferred.

2. Government is fully conscious that a successful implementation


of the rotation policy for *DMG and PSP officers is inter-linked with the welfare
aspect of periodic dislocation likely to be faced by these officers and their
families. Accordingly, the following measures have been approved by the
competent authority:-
(i) Officers transferred to a province or the Federal Government shall
be provided official residential accommodation as per their
entitlement. In the event of an entitled residential accommodation
not being made available, provision of a shelter/single
accommodation is to be ensured with an allowance that residential
accommodation being occupied by an officer at the time of transfer
shall be retained by him till an entitled accommodation is provided
to him.
(ii) Placement in educational institutions for the children of officers,
dislocated on account of transfer, shall be ensured.
(iii) Transfers shall be planned preferably at the end of an academic
year to avoid mid-year dislocation in the education of an officers
child/children.
(iv) Establishment Division and provincial governments shall inform
officers about their likely movement, at least forty five days in
advance of such movement.
3. The following general principles shall be observed:-
(i) The conditions of rotation shall not apply to a single female
officer against her wishes. In case both husband and wife are in
service they shall be posted in the same province/station unless
the nature of service requirements dictate otherwise.
* District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions
O.M.No.6/3/2012-CP-II dated 21-05-2012.
394

(ii) Service in Islamabad Capital Territory shall be treated as service


under the Federal Government.

(iii) Service outside Pakistan either on deputation or training shall be


treated as service under the Federation.

(iii) Posting in training institutions shall be treated as service under


the government controlling that particular institution.

(iv) Posting on deputation in corporations shall be treated as service


under the government controlling that particular corporation.

(v) Establishment Division and the provinces shall ensure that


sharing formula of *APUG and PCS officers for provincial posts,
approved by IPCC in 1993, is followed strictly.

4. The above policy shall apply prospectively and shall be enforced


w.e.f. 15th August, 2000.

5. This supersedes Establishment Divisions instructions contained in


letter No.1/11/93-Rev., dated 10th January, 1998 and all instructions on the
subject, subsequent thereto.

[Authority: Estt. Div.s letter No.F.9/1/2000-CP-7, dated 22-7-2000]

3.1 Rotation Policy for @DMG/PSP Officers

Reference Establishment Divisions letter of even number dated


22.7.2000 on the above subject. The competent authority has been pleased to
approve an amendment in para 3(iii) of the rotation policy for @DMG/PSP officers,
circulated vide above referred letter, in the following manner:-

For; Service outside Pakistan either on deputation or training shall be


treated as service under the Federation.

Read; Service outside Pakistan on deputation or on training shall be


treated as service under the government from where an officer proceeds
abroad on deputation.
[Authority: Estt. Div.s letter No.9//1/2000-CP-7, dated 2 -11-2000]

* All Pakistan Services (Change in Nomenclature) Rules, 1973, notified vide SRO 1307(I)/73 dated
14-09-1973, have been repealed vide SRO 89(I)/2014 dated 14-02-2014, whereby all notifications
and instructions issued on the subject from time to time were mutatis mutandis amended.

Provincial Civil Service.

Inter Provincial Coordination Committee.


@ District Management Group renamed as Pakistan Administrative Service vide Estt. Divisions

O.M.No.6/3/2012-CP-II dated 21-05-2012.


395

Sl. No. 4

Grant of Leave to Transferred Officers

It has been decided that, in future, an officer transferred to another post,


either in the Federal Secretariat, its Attached Departments or Subordinate Offices,
or to a post under a Provincial Government on reversion from the charge should not
be allowed leave for any period, except by the authority to whose control he is
transferred.

[Authority: Estt. Div.s O.M. No. 6 (21)/ 60-E.IX, dated 8-10-1960].

4.1 Grant of Leave and Notification


of Transferred Officers

Doubts have arisen as to who should sanction and notify the leave in the
case of officers referred to in the Establishment Division's Office Memorandum
No.6 (21)/60-E.IX, dated the 8th October, 1960. The intention is that, after the date
of issue of transfer orders, leave should be allowed and notified only by the authority
under whose control the officer transferred has to go.

[Authority. Estt. Divisions O.M. No. 8/20/ 60-F.I., dated 30-11-1961].

4.2 Charge Report by Officers


Proceeding on Transfer

Officers proceeding on long leave, transfer or retirement are required to


sign a certificate of transfer of charge (Form TR-I) under Rule 114 of General
Financial Rules, Vol.-I. In cases where the transfer of charge involves assumption
of responsibility for cash, stores, etc., the instructions laid down in rule 44 of
Treasury Rules, Volume-I and rules 115 and 150 of the General Financial Rules,
Vol.-I are followed. As regards maintenance and handing/taking over of classified
and accountable documents adequate instructions exist vide paras 25 to 29 of the
booklet "Security of Classified Matter in Government Departments".

2. There is, however, no institutional arrangement in the Federal


Secretariat under which an officer, proceeding on long leave, transfer or retirement
should leave behind a memorandum on matters of importance concerning his
charge, for the benefit of the successor. Consequently, the successor has now
himself to grope and find out major development about various issues relating to his
office, either incidentally or as and when they force his attention because of their
urgency or importance. This lack of institutional arrangement could affect adversely
proper perspective or continuity in the handling of problems at different levels.

3. It has, therefore, been decided that, apart from the procedure being
followed in respect of cash, stores etc. mentioned in para 1 above, the officer
396

proceeding on leave, transfer or retirement should also prepare a brief note (Note to
successor) describing important cases, major issues and the directions in which
they are developing and any other matter that his successor should know.

[Authority.- Estt. Divisions O.M. No. F. 8/6/ 74-F.I., dated 7-2-1974].

Sl. No. 5

Diplomatic Status to Civilian Officers of Other Ministries/ Divisions Posted in


Pakistan Missions Abroad

In consultation with the Ministry of Foreign Affairs it has been decided that
following formula regarding grant of Diplomatic Status shall be applicable to those
civilian officers of Ministries/ Divisions who are/shall be posted to Pakistan Missions
abroad:-

(1) Second Secretary (Junior Grade-17.
*Grade or any designation
in future).

(2) Second Secretary *Grade-18.


(Senior *Grade or any
designation in future).

(3) First Secretary. At least 5 years service in


*Grade-18 & cleared by the
Special Selection Board in case
of non-FAG officers.

(4) Counsellor. *Grade-19.

(5) Minister. *Grade-20.

2. It has also been decided that on the appointment of officers to foreign


missions not only their seniority in accordance with the formula but also their
suitability for appointment at that senior level would be taken into account.

[Authority.- Estt. Divisions O.M. No.4/16/80-T.IV, dated 8-10-1981].

5.1 Premature Transfer of Government


Servants Between Pakistan and
Pakistan Missions Abroad

In 1958, the Establishment Division decided, in pursuance of the


recommendations of the Economy Committee that the transfer of officers between

BPS

Foreign Affairs Group; now Foreign Service of Pakistan.


397

the two zones of Pakistan and between Pakistan and foreign countries should
normally be made after three years. If a transfer was unavoidable before the expiry
of this period, sanction of the Cabinet Secretariat (Establishment Division) should
be obtained invariably before the transfer orders were issued by the administrative
Ministry. The Establishment Division reiterated these instructions from time to time.

2. This Ministry felt that transfer of officials within the two zones of the
then Pakistan stood on an altogether different footing from transfer of officials from
Pakistan to Missions abroad and vice versa. The exigencies of service, such as
inadequacy of staff for certain types of posts, the special suitability of certain officers
for certain Missions, the almost continuous re-organisation of Missions abroad, etc.
made it well-nigh impossible to rigidly adhere to the principle of three years' tenure
abroad. However, the Establishment Division were not agreeable to exempt this
Ministry from the operation of the instructions in question.

3. The Secretary (Administration) discussed the case with the


Establishment Secretary, when the latter agreed to exempt this Ministry from the
application of the said restraint. It may be stated in this connection that in many
cases orders of premature transfers are issued under the directions of the Prime
Minister. In the case of Heads of Missions all orders of appointment and
recall/transfer are issued in accordance with the directives of the Prime Minister.

4. The Establishment Secretary may kindly see for his formal


concurrence in the proposed exemption of this Ministry from the requirement of
obtaining prior approval of the Establishment Division in cases of premature transfer
of officials between the Ministry of Foreign Affairs and the Pakistan Missions
abroad.

[Authority.- Ministry of Foreign Affairs U.O. Note No. Rules-1/3/76, dated 3-5-1976 and
Estt. Division U.O. Note No. 6/2/70-CV, dated 5-5-1976].

Sl. No. 6

Government Servants (Applications for Services and Posts) Rules, 1966

In exercise of the powers conferred by paragraph (a) of clause (2) of Article


178 and clause (1) of Article 179 of the Constitution, the President is pleased to
make the following rules, namely:-

1. Short title, application and commencement. (1) These rules may


be called the Government Servants (Applications for Services and Posts)
Rules, 1966.

(2) They shall apply to every person who is a member of an All-Pakistan


Service or holds any post in connection with the affairs of the federation except:-
398

(a) persons to whom the Pakistan Railway Establishment Code


applies; and

(b) members of such Services and holders of such posts as the


Federal Government may, by notification in the official Gazette,
specify.

(3) They shall come into force at once.

2. Definitions. In these rules, unless there is anything repugnant in the


subject or context,

(a) "competitive examination" means a competitive examination held


by the Federal Public Service Commission or a Provincial Public
Service Commission for recruitment to any Service or post and
includes any method whatever adopted for recruitment to the
Central Engineering Services; and

(b) "temporary Government servant" means a person who is


temporarily employed in connection with the affairs of the
Federation, but does not include a person employed on contract or
on probation [against a permanent post or as probationer of a
regularly constituted service].

3. Manner of making applications. No Government servant shall


apply for appearing at any competitive examination or for appointment to any post
other than the post which, he for the time being, holds except

(a) for appearing at a ministerial services competitive examination


through the head of the office, Ministry or Division in which he is
employed; and

(b) for appearing at a competitive examination other than a ministerial


services competitive examination or for appointment to a service
or post to be filled otherwise than by a competitive examination
with the prior permission in writing of the head of the office, Ministry
or Division in which he is employed, who may, for reasons to be
recorded in writing, refuse such permission if he considered that
such permission would not be consistent with the interests of the
public service.

4. Permission to be given or application to be forwarded not more


than twice. (1) Subject to the provisions of rule 3, the applications of, or
permission to, a Government servant for appearing at competitive examinations
399

at which he is otherwise eligible to appear shall not be withheld or refused, but in no


case shall the applications be forwarded or permission be granted for appearing at
more than two ministerial services competitive examinations during any calendar
year or at more than two competitive examinations other than ministerial services
competitive examinations during the whole service of a Government servant:

Provided that a Government servant appointed on the results of a


competitive examination other than a ministerial services competitive examination
shall not be permitted to apply for such examination more than once during his
whole service.

(2) Subject to the provisions of rule 3, no Government servant shall apply


more than twice in any calendar year for, or for appearing at any test or interview for
appointment in, or for the transfer of his services to, a service or post to be filled
otherwise than by a competitive examination, in another office, Ministry or Division
of the Federal Government or under the Provincial Government or a public statutory
corporation.

(3) Notwithstanding anything contained in sub-rules (1) and (2), the


applications of, or permission to, a Government servant employed on contract for a
specified period, for appointment in a Service or post or for appearing at a
competitive examination test or interview, may be withheld or refused if it appears
that in the event of selection for appointment to any Service or post pursuant to
such application, or on the result, of such examination, test or interview, such
Government servant will have to be released before the expiry of his period of
contract and that such release would not be consistent with the interests of the
public service.

5. Release of Government servants for appointment to a better


Service or post. (1) Where a Government servant who applied in accordance
with rule 3 for appearing at a competitive examination is selected for appointment
on the result, of such examination, his release for such appointment shall not be
withheld or refused if he is a member of a Service in a group and is selected for
appointment to a Service in a higher group, but not to a Service in the same or a
lower group. For the purpose of this rule, the Central Services are grouped in the
following descending order:-

1st Group Civil Service of Pakistan.

Pakistan Foreign Service.

2nd Group Police Service of Pakistan.


400

3rd Group Finance Services eligible for the Economic Pool,


viz., Pakistan Audit and Accounts Service,
Pakistan Railway Accounts Service, Pakistan
Military Accounts Service, Pakistan Taxation
Service and Pakistan Customs and Excise
Service.

4th Group Pakistan Postal Service (Class I) and Pakistan


Military Lands and Cantonments Service.

5th Group Central Secretariat Service (Class I) and other


Class I Services and Posts.

6th Group Class II (Gazetted) Services and posts.

7th Group Non-Gazetted Services and posts.

ILLUSTRATION

A Police Service of Pakistan Officer shall be released for appointment to


the Civil Service of Pakistan or Pakistan Foreign Service, but not to any of the
Finance Services. A Pakistan Taxation Service Officer shall not be released for
appointment to the Pakistan Audit and Accounts Service; or a Pakistan Military
Lands and Cantonments Service Officer to the Pakistan Postal Service (Class I).

(2) If any person who, before his appointment to a Service of the Centre
or a post in connection with the affairs of the Centre, had appeared at a competitive
examination, test or interview or applied for appointment to a Service or post, it is,
on the result of such examination, test or interview or pursuant to such application,
selected for and offered appointment to a Service or post other than the one to
which he belongs or which he holds, his release for such appointment, it desired by
him, shall not be withheld or refused.

(3) Notwithstanding anything contained in sub-rules (1) and (2), release


before the expiry of the period of contract of a Government servant employed on
contract for a specified period may be withheld or refused if such release would not
be consistent with the interests of the public service.

6. Temporary Government Servants. Notwithstanding anything


contained in these rules, the applications of, or permission to, a temporary
Government servant for appointment to any service or post or for appearing at any
competitive examination, test or interview or his release on being selected for any
service or post pursuant to such application or on the results of such examination,
test or interview shall not be withheld or refused.
401

7. Exemption. The President may, in such cases as he thinks fit,


exempt any Government servant or class of Government servants from the
operation of, or relax the restrictions imposed by, these rules.

8. Repeal. The Government Servants' Applications for posts (Central


Services) Rules, 1953, as amended from time to time, are hereby repealed.

[Authority.- Estt. Divisions Notification No. SRO 593 (K)/66, dated 8-6-1966].

Sl.No. 7

Failure of the Provincial Governments and Federal Ministries/ Divisions to


Inform the F.P.S.C. about Withholding of Application Within One Month of
the Closing Date Not to Affect the Candidate's Selection/Appointment

In the Establishment Division's letter No. 8/54/79/F.I(D.5) dated 5th


August, 1980 it was requested that the applications, if submitted by Provincial
Governments employees through proper channel to FPSC, for posts advertised
by the Commission, should please be forwarded on top priority basis; and in case
an application is required to be withheld for any reason, the Commission should
be informed within one month of the respective "closing date" of the applications.

2. The FPSC have reported that despite the instructions issued on 5th
August, 1980, the objective has not been achieved. Several candidates, who
appeared before the Commission on the basis of their "duplicate/advance copy",
have told the Commission that their original applications fell a prey to the clerical
redtapism in their respective offices, and their applications could not be forwarded
to the Commission. The Commission have also complained that in several cases,
the Provincial Governments as well as the Federal Ministries/Divisions/
Departments informed the Commission about the withholding of applications,
after the closing date and in certain cases at a stage when the employee/
candidate had even been interviewed. It will be appreciated that with such state of
affairs, not only the efforts of the Commission are wasted, but the talented/
suitable candidates are also prevented from selection/ nomination.

3. Under these circumstances, it has been decided that:-

(i) If the Provincial Governments and the Federal Ministries do not


inform the Commission of their refusal, within one month of the
"closing date", it will be presumed by the Commission that
permission has been granted to the employee/ candidate who has
applied in advance; and

(ii) In view of (i) above, if a departmental candidate/employee is


selected/nominated by the Commission, the parent Government/
402

Ministry/Department/Corporation etc. of that candidate shall be


bound to relieve him, to enable him to join the post for which he has
been nominated.

[Authority: Estt. Div.s Letter No.8/54/79-F.1-D.(5), dated 16-8-1981].

7.1 Recruitment of Candidates on a


Pay Higher Than the Minimum
Scale of the Post

It has been decided in consultation with the Ministry of Finance that the
following procedure shall be adopted in connection with recruitment through the
Federal Public Service Commission when it is proposed to appoint a candidate on
an initial pay higher than the minimum of the post and the requisition sent to the
Commission admits of such higher initial pay being given in suitable cases:

(i) Ordinarily, posts will be advertised on prescribed scales and there


need be no provision in the advertisement for a higher initial pay
being given. In all such cases, the appointments must be made on
the minimum of the scales. No representation for a salary higher
than the minimum of the scale will be entertained from any person
who enters government service in response to such advertisement
without prior consultation with the Federal Public Service
Commission and the Ministry of Finance.

(ii) In special cases, however, where due to dearth of suitable


candidates or where previous attempts to attract candidates on the
minimum of the scale had failed, it may be felt necessary to provide
for a higher starting pay. In such cases, whenever the requisitions
for recruitment are sent to the Federal Public Service Commission,
the prior concurrence of the Ministry of Finance must be obtained, if
it is intended in deserving cases to provide a higher initial pay than
the minimum of the advertised scale. The limit in the scale up to
which the Federal Public Service Commission may be authorised to
recommend the starting salary will be laid down by the Finance
Ministry in each such case.

(iii) Before a recommendation as to the higher initial pay made by the


Commission is accepted by the Ministry concerned, the
concurrence of the Ministry of Finance must be obtained.

(iv) Normally, no candidate should be given a salary higher than that


recommended by the Commission. If, however, in an exceptional
case it is considered desirable to give a higher salary to a candidate
than that suggested by the Commission, it will be necessary to
403

obtain the concurrence of the Commission before seeking the


approval of the Ministry of Finance.

(v) Any subsequent recommendation made by the Commission must,


before it is accepted, have the prior concurrence of the Ministry of
Finance.

2. The procedure outlined above, will apply to posts to which


recruitment is made on contract. Each such case will however, be considered on
its merits as regards the scale of pay and the maximum of the higher start.

[Authority: Estt. Div.s O.M.No.11/4/50-SEI, dated 16-5-1951].

7.2 Belated Requests for Cancellation/


Withdrawal/Postponement etc. of the
Requisitions Received by FPSC

It has been brought to the notice of the Establishment Division by the


Federal Public Service Commission that belated requests made to the
Commission by various Ministries/Divisions for the cancellation/withdrawal/
postponement corrigendum have increased considerably. During the year 1973,
11% of the requisitions received were re-advertised for corrigendum as desired
by the Ministries/Divisions concerned while in 1974 this percentage has shot up to
24%. This not only places the Commission in an embarrassing position but also
results in considerable delay and waste of time and public money.

2. With a view to obviating the chances of unnecessary delay and


waste of public money, all Ministries/Divisions are requested to please take a
clear and firm decision for all the initial recruitments to be made through the
Commission while sending the requisitions to that body.

[Authority: Estt. Div.s O.M.No.2/10/74-F.IV., dated 18-12-1974].

7.3 Modifications in Requisitions


Placed with FPSC

Reference instructions contained in the Establishment Division O.M. No.


9/3/73-DV, dated 26th November, 1973 and O.M. No. 2/10/74- F.IV, dated 18th
December, 1974.

2. Instances continue to come to notice where after placing


requisitions, for recruitment with the Federal Public Service Commission, the
Ministries/Divisions/ Departments have made changes in those requisitions. In
some cases, the number of posts notified for recruitment was reduced, in other
404

cases the qualifications notified were modified. There have also been cases
where the domicile for the post was changed or the requisition altogether
withdrawn after the post had been advertised and the candidates interviewed.
Such modifications in requisitions placed with the Commission are not only
against the instructions issued by the Establishment Division but also place the
Commission as well as the government in great embarrassment, apart from delay
in recruitment and wastage of public time and money. It has, therefore, been
decided that, in future, if for very cogent reasons a requisition placed with the
Commission has to be amended or cancelled, the reference to the Commission
should be made under the signature of the Secretary of the Ministry/Division
concerned giving the reasons for the proposed amendment. A copy of the
communication should be endorsed to the Establishment Division.

[Authority: Estt. Div.s O.M.No.11/4/76-D.V., dated 17-7-1976].

7.4 Change in Requisition for Recruitment


Placed with the FPSC

Reference.- Establishment Division O.M. Nos. 9/3/73-DV, dated 26-11-73,


2/10/74-F.IV, dated 18-12-1974 and 11/4/76-DV, dated 17-7-1976.

2. It has been brought to the notice of Establishment Division by the


Federal Public Service Commission that requests for amendment/ cancellation of
the requisitions for recruitment on the plea of amendment in the recruitment rules
are still being received by them after the posts are advertised and, in some
cases, even after notice for interview is issued. The Commission have observed
that such amendments are generally proposed to accommodate ad-hoc
appointees who otherwise do not fulfill the requirements of the relevant
recruitment rules.

3. As such situations cause embarrassment to the Commission, and


result in considerable waste of time and funds spent on re-advertisement, it has
been decided that in future no request for amendment/withdrawal of requisition
for recruitment will be entertained by the Commission on the plea of an
amendment in the recruitment rules. The amendments, if any, will have only
prospective and not retrospective application.

[Authority: Estt. Div.s O.M. No.11/4/76-D.V. dated 19-10-1977].

7.5 Check on Amendment, Cancellation/


Withdrawal of Requisition Sent to the FPSC

It has been brought to the notice of Establishment Division that


Ministries/Divisions etc. after having sent their requisition to the FPSC for
recruitment to the posts to be filled by direct recruitment, frequently request for
changes in the terms and conditions or even suggest postponement of the
405

recruitment even after posts are advertised. Such actions of Ministries/Divisions not
only delay the finalization of the recruitment, but also place the Commission as well
as the government in an embarrassing position. It also puts the candidates to a
difficult situation leading to unnecessary labour and waste of money.

2. With a view to exercising proper check on such requests for


amendment, cancellation/withdrawal of requisition etc., it has been decided that,
in future, all such requests should be routed through the Establishment Division
by Ministries/ Divisions etc.

3. Strict compliance by all Ministries/Divisions is requested.

[Authority: Estt. Div.s O.M.No.2/51/78.D.III, dated 11-7-1979].

7.6 Revised Requisition Form for Direct-


Recruitment Through the Commission

Revised Requisition Form FPSC-21 for use in recruitment of candidates


for appointment to various posts by interview method only is annexed. It is
requested that in future the revised Requisition Form may please be used while
forwarding requisition to the Commission, instead of the old Forms.

[Authority: Federal Public Service Commission's letter No.F.16/6/82-RI, dated 4-7-1982].


406

ANNEX

Revised Requisition Form F.P.S.C.-21

FEDERAL PUBLIC SERVICE COMMISSION


---------------------------------(Division)

Requisition for recruitment to the post of------------------------------------------------------


-----------------------------------------------------------------------------------------------------------

"A" FOR CANDIDATES INFORMATION

(1) (a) Designation of the post.


(b) Number of posts to be filled.
(c) Grade
(d) BPS
(e) Special pay (if any).
(f) Whether higher starting salary admissible if any, upto,
and necessary prior sanction of the Ministry of Finance
has been obtained?
(g) Any other special concessions such as free quarters,
light, water etc.

(2) Whether permanent or temporary. (if temporary period for which


it will last)?

(3) (a) Duties.


(b) Place of duty.

"B" FOR ADVERTISEMENT

(4) Qualifications required (no deviations from notified recruitment


rules are permissible).

(a) Academic:(If more than one qualifications are prescribed,


preference, if any, as reflected in the recruitment rules).
(b) Training.
(c) Experience.

(The prescribed experience counts after acquiring the requisite basic educational
qualification. Whenever the Ministry/Division consider that the prescribed
experience gained before acquiring the minimum prescribed educational
qualification should also be considered as relevant, this should be made clear,
and full justification may please be given for providing this relaxation in the
interest of service).
407

(5) Age Limits.

(a) Minimum.
(b) Maximum.

(Any relaxation, whether in Minimum or Maximum age limits).

(6) Provincial/Regional distribution of post(s) in terms of Recruitment


Policy.

In figures In words

Merit *(7.5%)
Punjab (50%) ---------- --------
- Sindh (Urban Areas)
(40% of 19% or 7.6%) ---------- -------
- Sindh (Rural Areas).
(60% of 19% or 11.4%) ---------- -------
- KPK (11.5%) ---------- -------
Balochistan*(6%) ---------- -------
- GB/FATA(4%) ---------- -------
Azad Kashmir (2%) ---------- -------

(No change in allocation or reduction in the number of posts would be


permitted so far as this requisition is concerned).

Merit *7.5%

Punjab (including Federal Area of Islamabad) 50%

Sindh 19%

The share of Sindh will be further sub-allocated in


the following ratio :

Urban Areas, namely Karachi, Hyderabad


and Sukkur 40% of 19% or 7.6%,
Rural Areas, i.e. rest of Sindh
excluding Karachi, Hyderabad and Sukkur.
60% of 19% or 11.4%.

KPK 11.5%

Balochistan *6%
* Subs. vide Establishment Divisions O.M. No. 4/10/2006-R2, dated 12th February, 2007.
408

Gilgit Baltistan and Federally Administered Tribal Areas


4% and Azad Kashmir 2%.

(7) Are government servants eligible for concession of age,


qualifications, experience, etc., which are relaxable in their
favour, as per notified recruitment rules.

(8) Any other condition or qualification not covered by above


questions.

(9) Are women eligible in terms of recruitment rules? If women are to


be declared ineligible, the Establishment Division's prior approval
must be obtained.

"C" OTHER POINTS

(10) Have the recruitment rules, including method of recruitment and


qualifications for the posts been approved by the Establishment
Division and the Commission? If so, please state.

(a) The Gazette Notification No. and date of the recruitment


rules.

(b) Whether the recruitment rules (with amendments if any)


amended in consultation with the Establishment Division
and the Commission? If so, please give the Gazette
Notification No. and date of all amendments and a copy
of the same should be enclosed.

(c) An up-to-date and complete copy of recruitment rules


must be enclosed with this Requisition.

(11) Was this post advertised previously? if so, in which year


(Commission's Consolidated Advertisement No. should be
quoted).

(12) Name, telephone number and address of Departmental


Representative will be asked by the Commission about a
fortnight ahead when the interviews are fixed up.

N.B.- The Departmental Representative should be of the status of Joint


Secretary to the Federal Government and for the sake of uniformity of
assessments of candidates, the same Departmental Representative
would be required to assist the Commission at all interviews centres for a
particular appointment.
409

(13) Particulars of the present ad-hoc appointee (s).

Name Date of Qualification Experience Domicile Date of


birth Ad-Hoc
Appointment.

(14) It is certified that:

(i) The qualifications, age limits and experience laid down in


the above requisition are in accordance with the
recruitment rules, which have been published in the
Gazette of Pakistan after approval by the Establishment
Division and the Federal Public Service Commission.

(ii) The particulars of ad-hoc appointees have been given in


the requisition against Column 13. The ad-hoc
appointees fulfill all the prescribed qualifications as
educational qualification, experience, age limits and

domicile.

(iii) The provincial/regional distribution of posts as given


against item No. 6 is in accordance with the Government
Recruitment Policy as contained in the Establishment
Division's O.M. No. F. 8/9/72-TRV, dated the 31st
August, 1973, as amended from time to time.

The allocation of the post has not been changed since it


was last advertised. The allocation of the post since it
was last advertised has been changed with the
concurrence of the Establishment Division, as required in
their O. M. No. 8/15/73-TRV, dated the 28th November,
1973.

(iv) The requisition has been signed by an officer of the


status of Deputy Secretary or above.

(v) Detailed duties of the post against Column 3 of the


requisition have been mentioned and enumerated.

(vi) No changes as regards qualification, experience, age,


domicile, grade, scale of pay, etc., as far as this
requisition is concerned will be accepted, save in

Strike out the alternatives not applicable.


410

unavoidable circumstances when any change in


requisition will have to be routed through the
Establishment Division. Request for such a change will
be signed by the Secretary of the Ministry/Division and
routed through the Establishment Division, as required
vide O.M. No. 11/4/76-DV, dated the 17th July, 1976 and
No. 2/51/78-DIII dated 11th July, 1979.

Signature.......................................

Designation of forwarding authority

7.7 Grant of Starting Salary to Candidates


after Selection by the Federal Public
Service Commission

It has been brought to the notice of Establishment Division by the Federal


Public Service Commission that Ministries/Divisions sometimes approach the
Commission to recommend starting salary higher than the minimum prescribed for the
candidates after they have been nominated by the Commission. The position in this
respect is stated below.

2. In case it is intended to grant higher starting salary to incumbent of


any post, the F.P.S.C. should be informed of such details at the time when the
requisition for that post is sent to them to enable them to include this provision in
their advertisement. Further, according to Serial No. 16 of Annexure II to the
Ministry of Finance O.M. No. F-1(5)R 12/80, dated the 11th March, 1981*, the
F.P.S.C. may recommend the grant of not more than six premature increments to a
nominee only when suitable persons of requisite qualifications are not available on
the minimum prescribed pay of the post. In either case the Commission may use
its discretion to recommend and to fix the number of such increments within the
prescribed limit or not to recommend the premature increments.

3. As explained above, in cases where the F.P.S.C. has nominated a


person without recommending premature increments, there is no justification for a
Ministry/Division/ Department to ask the Commission for recommendations for such
increments.

4. Ministries/Divisions are requested to explain the above position to


all the Departments/Offices under their jurisdiction.

[Authority: Estt. Divisions O.M.No.2/22/75-D-III, dated 31-3-1976].

*The latest orders are contained in Finance Divisions OM No.F.3(2)-Exp.III/2006 dated 13th
September, 2006.
411

7.8 Recruitment to Posts in BPS 16 and Above

While processing recruitment against various posts in BPS 16 and above


under the Federal Government, the administrative Divisions/Departments are
required to nominate professionally competent and senior officers (in BPS 20 or
above),as Departmental Representatives to assist the Federal Public Services
Commission in assessing suitability of the candidates.

2. FPSC has reported that, over the years, it has been noticed that the
Departmental Representatives are either not nominated at all or they do not
attend on specified dates. At times they come late also. Generally, officers of
BPS 19 or below are nominated. They, very often, do not have the requisite
experience and/or lack relevant professional/ technical expertise in the field of the
advertised post. The Commission is not informed about the non-availability of a
qualified officer for which last minute alternative arrangements are impossible to
make. The names/addresses of the Departmental Representatives are seldom
given, nor are their telephone (Office and Residential) numbers provided. Thus
the Commission is prevented from reaching them to ensure their presence.

3. It is, therefore, requested that FPSC's instructions in this regard


may kindly be complied with in letter and spirit so as to avoid any untoward
situation in future.

[Authority: Estt. Div.s (Training Wing) Circular No. 3/8/92-T.V. dated 17-10-93].

7.9 General Instructions for Submission of


Applications for Various Posts-Competitive
Examination-Number of Chances for
Government Servants who are in
*Grade-16 and Below

The government servants in Grade-16 or below who have completed two


years service and have failed to secure direct entry into *Grade-17 through
competitive examination have been allowed to take two more chances upto the age
of 30 years in competitive examination vide Office Memoranda of Establishment
Division forming various Occupational Groups. This provision is, however, in
conflict with the provisions of rule 4 of the Government Servants (Application for
Posts and Services) Rules, 1966. It has, therefore, been decided that rule 4 of the
Government Servants (Applications for Posts and Services) Rules, 1966 may not
be applied in the case of such government servants (in *Grade-16 and below) who
wish to take two chances in Competitive Examination upto the age of 30 years.

[Authority.- Estt. Divisions O.M. No. 1/21/76-T. III, dated 2-8-1976].

BPS

Add and Services.


412

7.10 Right of Government Servants


to Apply for Higher Posts in
Other Offices

It has been decided that normally officials appointed to a *grade, either by


promotion or by direct recruitment should

(a) not be considered for appointment to, and

(b) not be allowed to apply for

posts in other offices of government or of statutory bodies to a *grade carrying a


higher *grade, till they have rendered an appreciable length of service in the former
*grade.

2. This ban will, however, not apply to

(i) Appointments made through the Federal Public Service Commission


or the Central Selection Board;

(ii) Posts within the normal promotion prospects of the government


servant concerned, e.g., the posts of Section Officers in the case of
Superintendents of the Federal Secretariat; and

(iii) Purely temporary government servants who are not likely to be


employed permanently in the office, Ministry, Division, Service or
cadre in which they are employed.

3. Departures from the above instructions should be made only in


special cases.

4. Attention of all the Divisions is also invited to the fact that the
Establishment Division administer the Civil Service of Pakistan, the Police Service
of Pakistan, the G.A.R. (General Wing), the Economic Pool@, and the Section
Officers' cadre. Therefore, cases relating to the deputation to other offices of the
officers of these categories should not be made by the Division in which they are for
the time being posted, but should be referred to the Establishment Division for
disposal.

[Authority.- Estt. Divisions O.M. No. 1/26/61-C.III, dated 20-2-1963].

*
BPS

Now Pakistan Administrative Service.

Means General Administrative Reserve. Not relevant now.


@
Not relevant now. There is an Economists and Planners Group as distinct from the Economic Pool.
For Economic Pool, see O&M Establishment Manual Vol. I, O&M Wing, Estt. Division 1968,
Chapter X, pages 445-457.
413

7.11 Applications of Section Officers

The instructions contained in paragraph 5 of the Establishment Division Office


Memorandum No. 1/8/52-C.III, dated the 7th August, 1963 are not generally observed
by various Ministries/Divisions while forwarding to Establishment Division the
applications of Section Officers for appointment elsewhere.

2. It is reiterated that while forwarding the applications in question to the


Establishment Division, information on the following points should also be invariably
furnished to this Division:-

(1) Pay Scale attached to the post applied for

(2) Method of recruitment to the post in question

(3) Whether the post in question has been advertised

(4) Minimum educational qualifications and/or experience prescribed for


the post concerned.

(5) A statement showing the educational qualifications, and/or experience


of the candidate concerned indicating also whether he fulfills the
requisite qualifications and/or experience.

3. Such applications should be forwarded to the Establishment Division


at least a fortnight before the last date prescribed for their receipt by the authorities
concerned.

[Authority.- Estt. Div.s O.M. No. 1/8/62-C. III, dated 14-5-1966].

7.12 Appropriate Authority for


Forwarding of Applications
Through Proper Channel

The question has arisen as to what should be considered the appropriate


authority for forwarding applications of the staff employed in a particular office. As
only a responsible and fairly senior officer of a Division etc. is generally in a position
to know the staff requirements of his Division, it has been decided, in consultation
with the Federal Public Service Commission, that, in the case of a Ministry or a
Division, the forwarding authority should be at least a Deputy Secretary and in the
case of an Attached Department or a Subordinate Office, it should be the Head of
the Department or Office, or an officer of rank equivalent to that of a Deputy
Secretary designated by him.

[Authority.- Estt. Divisions O.M.No.50/1/48-Ests.(ME), dated 3-6-1948].


414

7.13 Avoidance of Delay in Forwarding


Applications of Government
Servants to the F.P.S.C

Under the existing orders, all government servants, whether in Provincial or


*
Central Service, have to apply to the Federal Public Service Commission in
connection with the examinations/selections held by them, through their respective
Heads of Departments or Offices. The last date for the receipt of applications by
the Commission is set down in the notice relating to every examination conducted
by them and in the advertisements issued in connection with selections to be held
by them.

2. The Federal Public Service Commission have pointed out that many
such applications are received in their office long after the closing date, and have
hitherto been entertained if the Commission were satisfied that candidates
themselves were not at fault. The Commission are not prepared to continue this
indulgence indefinitely and desire it to be made clear that in future late applications
will not normally be accepted whatever the reason. It is, therefore, requested that
care should be taken to see that applications of candidates who apply to the Federal
Public Service Commission for the Central Superior and Ministerial Services
examinations and selections are not delayed beyond the permitted date, since delay
in future will not be condoned.

3. To deprive a candidate of his candidature by reason of a negligent


omission to forward his application could be a serious act of irresponsibility.
[Authority. Estt. Division letter No. 25/4/53-SE (I), dated 23-7-1953, to all Provincial
Governments and Ministries of the Federal Government].

7.14 Competitive Examinations/Selections


Held by FPSC Applications of
Departmental Candidates

Reference.Establishment Division's letter No.25/4/53-SEI, dated the 23rd


July, 1953. It has been reported by the F.P.S.C. that in several cases the
applications from departmental candidates for the various competitive
examinations/selections held by the F.P.S.C. are forwarded by the department
concerned very late, without regard to the last date prescribed for receipt of
applications announced by the Commission. To avoid that departmental delays, the
Commission have decided that departmental delays in forwarding the applications
of the departmental candidates will not normally be condoned. They will be
condoned only in exceptional circumstances, which will be considered by the
Commission on the merit of each case.

2. In view of what has been stated above, it will be very much


appreciated if every possible effort is kindly made to ensure that applications from

* Federal.
415

departmental candidates for appearing at the competitive examinations/selections


held by the FPSC, are forwarded to the Commission by the due dates. In case of
unavoidable delays reasons should please be recorded, otherwise applications
received after the due dates will not be entertained by the Commission.

[Authority. Estt. Divisions letter No. 8/4/60-E, XIV, dated 18-7-1960].

7.15 Practice of Withholding/Forwarding


of Applications of Departmental
Candidates to FPSC

The practice of withholding applications initially and forwarding them at a


late stage should also be discontinued as no departmental permission which is
granted subsequently will be acceptable to the Commission.

[Authority: Estt. Div.s (Training Wing) O.M. No.1/l/84-TR-IV dated 18-6-1985].

II. (A) TRANSFER TO FOREIGN SERVICE


IN PAKISTAN: DEPUTATION

Sl. No. 8

Explanation of the Term "deputation"

Deputation in Pakistan. C.S.R. 77: An officer is said to be on deputation


when he is detached on special temporary duty for the performance of which there
is no permanently or temporarily sanctioned appointment.

According to the practice in vogue a government servant begins to be


regarded as a "deputationist" when he is appointed or transferred, through the
process of selection, to a post in a department or service altogether different from
the one to which he permanently belongs, he continues to be placed in this category
so long as he holds the new post in an officiating or a temporary capacity but cease
to be regarded as such either on confirmation in the new post or on reversion to his
substantive post.

(Extract from PLD, 1981 S.C. 531-Islamic Republic of Pakistan versus


Israrul Haq and 23-others.)

8.1 Deputation of Government Servants


Period of Deputation

Maximum Period of Deputation. In continuation of Establishment


Division's circular D.O. letter No. 4/1/84-R.I (A) dated 20-11-1986 (Annex),
conveying the directives of the Prime Minister requiring the period of appointment to
be clearly specified in each case of contract, secondment or deputation, the
following policy is laid down for deputation of government servants:
416

(i) The normal period of deputation for all categories of government


servants would be three years. This would be extendable by two
years with the prior approval of the competent authority.
(ii) All cases of initial deputation of government servants holding posts in
BPS 17 and above would be referred to the Establishment Division for
approval of the competent authority. The initial deputation in the case
of government servants holding posts in BPS 16 and below would be
approved by the Secretary of the administrative Ministry concerned/
Head of the Department not below BPS 21.
(iii) The competent authority to grant extension in deputation beyond the
initial period of 3 years, would be as below :-
(a) Government servants Head of the
in BPS 1 and 2. Department.
(b) Government servants Secretary of the Admn.
in BPS 3 to 16. Ministry/Head of the Department
not below BPS 21.
(c) Government servants Secretary of the Admn.
in BPS 17 to 19. Ministry concerned.
(d) Cases of government servants in BPS 20 and above would be
referred to the Establishment Division.
(iv) On completion of the maximum period of five years, both the
borrowing and the lending organizations should ensure immediate
repatriation of the deputationist.
(v) In case it is not possible to repatriate a person to his parent
organisation for compelling reasons, the case should be referred to
the Establishment Division before the expiry of the maximum period
of 5 years, fully explaining the circumstances due to which immediate
repatriation is not possible and measures taken to obtain or groom a
replacement as early as possible.
2. The above policy would also be applicable to transfer on foreign
service in terms of FR 9(7) and rules contained in Chapter XII of the Fundamental
Rules.
3. Ministries/Divisions are requested to bring these instructions to the
notice of their Attached Departments/ Subordinate Offices/Corporations and
Autonomous Bodies etc.
4. The existing instructions on this subject issued vide Estt. Division's
O.M. No. 1/28/75-D. II (CV), dated 4-11-1980 and O.M. No. 22/47/82-R-3, dated
12-4-1983 stand modified to the above extent.
[Authority. Estt. Divisions O.M. No. 1/28/ 75-D.II/R. 3/R.I. dated 18-2-1987].
417

(ANNEX)
[Copy of Estt. Division Additional Secretary's D.O. letter No. 4/1/84-RI
(A) dated 20-11-1986]

Re-employment/Appointment on Contract, Secondment or Deputation. It


has come to the notice of the Prime Minister that officers, appointed on contract or
serving on re-employment, secondment or on deputation in the Federal
Government, are allowed to continue in their posts after the expiry of their tenure
without specific orders of the competent authority for its extension. The Prime
Minister has taken a serious view of this situation and has directed that:-

(a) In all cases of appointment on contract, re-employment, secondment


or deputation, the period of appointment should be clearly specified.
(b) On the last date of the specified period, the officer should
automatically stand relieved of his duties unless the orders of the
competent authority have been obtained in advance extending the
period.

2. Immediate action may be taken to specify the period of appointment


in those cases where it has not been specified. It may be ensured that in future no
officer is appointed on contract, re-employment, secondment or on deputation
without specifying the period of appointment. On the expiry of the specified period,
the officer should be relieved of his assignment forthwith, unless the period has
already been extended by the competent authority.

3. In order to ensure compliance of the above directive of the Prime


Minister, all Ministries/Divisions are requested to identify the cases in which officers
are continuing to work in their posts after the expiry of the specified period of
contract/re-employment/secondment/deputation and intimate these to the
Establishment Division immediately with recommendations for extension of the
tenure where required. Action may also be taken to terminate the appointments
where extension is not required.

4. All Ministries/Divisions etc. are also advised to initiate cases for


extension in the period of contract/re-employment/secondment/deputation in future
at least six months in advance of the date of expiry of the period of such
appointment.
5. The provision in para 28 of Establishment Division's O.M. No. 14/5/
78-D.III, dated 10-2-1980 dealing with induction/re-employment of the officers of
armed forces in civil and such other instructions issued from time to time also stand
modified in accordance with the Prime Minister's orders contained in para 1 of this
letter.

6. The above instructions may also be brought to the notice of all


Corporations and Autonomous/Semi-Autonomous Bodies under the administrative
control of Ministries/ Divisions as these would apply to them as well.
418

8.2 Delegation of Powers in Regard to


Deputation of Government Servants

In order to ensure expeditious processing of cases of deputation, the

Chief Executive has been pleased to delegate to Secretaries of administrative


Ministries/Divisions and Heads of Attached Departments and Subordinate Offices
not below BPS 21, powers to approve initial deputation of officers upto BPS 19
belonging to cadres and posts under their administrative control for a period of
three years. The above powers are subject to observance of the following
guidelines:-
(i) Where a post proposed to be filled is reserved under the rules for
departmental promotion, appointment on deputation may be made
only if the department certifies that no eligible person is available for
promotion or the eligible person is found unfit for promotion by the
appropriate DPC/Selection Board. In such cases, deputation may
be approved till such time a suitable person becomes available for
promotion.
(ii) In case of posts reserved for initial recruitment, appointment on
deputation may be made only as temporary arrangement, pending
joining of the nominee of the FPSC, and subject to the condition
that such appointment shall be made only after a requisition has
been placed with the FPSC.
(iii) In cases where a post is tenable through appointment by
deputation, the normal period of deputation should be three years
and no extension beyond three years may be allowed without prior
approval of the Establishment Division.
(iv) No officer should be sent on deputation unless he has completed
three years service in his parent department after return from an
earlier deputation.
2. The provision of para 1(ii) of Establishment Division O.M.
No.1/28/75-D.II/R.3/R.I, dated 18-02-1987 shall stand amended accordingly.
3. Ministries/Divisions are requested to bring these instructions to the
notice of their Attached Departments/Subordinate Offices.
[Authority: Estt. Div.s OM No. 1/28/75-D.II/R.3/R.I, dated 11th April, 2000]

8.3 Deputation of Government Servants


Reference Establishment Divisions O.M. No. 1/28/75-D.II/R-3/R.I, dated
18 February, 1987 as amended vide O.M. of same No. dated 11th April, 2000 on
the above subject. The term deputation as defined by the Supreme Court of
Pakistan vide PLD 1981 SC 531 means that a government servant begins to be

Now Prime Minister.


419

regarded as a deputationist when he is appointed or transferred, through the


process of selection, to a post in a department or service altogether different from
the one to which he permanently belongs, he continues to be placed in this
category so long as he holds the new post in an officiating or a temporary,
capacity, but ceases to be regarded as such either on confirmation in the new
post or on reversion to his substantive post.
2. According to the judgement of Federal Services Tribunal in Appeals
No. 39 and 40 (R)(CS)/2003 (M/s Liaqat Ali Chaudhry and others Vs Federation
of Pakistan), up-held by the Supreme Court of Pakistan, as interpreted by the
Law, Justice and Human Rights Division, all the incumbents who are deputed to
work in an agency foreign to the service to which they belong, are entitled to draw
Deputation Allowance.

3. In view of the position stated above, the Finance Division have


issued orders/instructions vide their O.M. No. F.5 (8) R-2/2007, dated the 4th July,
2007 stating that deputation allowance may be granted to all officers/officials of
Ministries/Divisions/Departments who have been transferred and posted on
deputation basis or under Section 10 of Civil Servants Act, 1973, to a post in a
department or service altogether different from the one to which they permanently
belong.

4. In view of the above, Ministries/Divisions are advised that hence-


forth the Notifications/Orders issued by them regarding the deputation of their
officers/officials to a department/office altogether different from the one to which
they actually belong, must invariably state that:

(i) The incumbent will be entitled to deputation allowance.

(ii) The period of deputation shall be three years extendable by two


years, with the approval of the competent authority.

[Authority: Estt. Div.s O.M. No. 1/18/2007-R-1, dated 10th December, 2007].

8.4 Deputation Period Absorption


of Deputationists

In continuation of Establishment Division's O.M. of even number, dated


15.10.1979 (Annex), it is stated that:-

(1) The normal deputation period, for all categories/ grades of


government servants, shall be three years, extendable for another
two years with prior permission of the Establishment Division. A
government servant shall not, however, remain on deputation to
another government organization or an autonomous body/corporation
etc. for more than five years.

(2) If a person is on deputation to a government organization, and has


completed the maximum tenure of five years, he must revert or be
420

reverted by the borrowing office to his parent/lending organization of


the expiry of that period; otherwise, the Audit Offices concerned shall
not make payment of salary and allowances to him beyond the date
of expiry of five years, unless specifically authorized by the
Establishment Division.
(3) If a person is on deputation to an autonomous organization/
corporation etc, and has completed the maximum tenure of five
years, it will be obligatory for that person to report back to his
parent/lending organization on the expiry of that period, irrespective of
his being relieved by the borrowing corporation/body etc. Failure to
report back, unless specifically authorized otherwise by the
Establishment Division, will be construed as Misconduct' and make
him liable to disciplinary action under the government servants
(Efficiency and Discipline) Rules, 1973.

(4) In case a deputationist is proposed to be absorbed permanently in the


borrowing office (either a government organization or a corporation
etc), such a proposal shall be initiated by the borrowing office at least
six months before the expiry of the deputation period of the
deputationist concerned. Such a proposal, with the written consent or
request of the deputationist, shall be made by the borrowing office to
the lending office (or parent office of the deputationist) which shall
convey its decision (if necessary, in consultation with the
Establishment Division) to the borrowing office as well as the
deputationist, by the expiry of the term of his deputation. In the event
of non-acceptance of the proposal, the individual shall revert back to
his parent office as indicated at (2) and (3) above.

2. Ministries/Divisions are requested to bring these instructions to the


notice of the officers/staff of their Secretariat/Attached Departments/Subordinate
Offices/Corporations etc.

[Authority.- Estt. Divisions O.M. No.1/28/75-D.II(CV), dated 4-11-1980].

(ANNEX)
[Copy of the Establishment Division's O.M.No.1/28/75-D-II (CV) dated
15-10-1979]

In spite of instructions issued on the subject, cases have come to the notice
of the Establishment Division where government servants whose services were
placed on deputation with other departments/organizations for a specified period
have not been returned to the lending departments after the expiry of their tenure of
deputation. What happens is that either a deputationist does not want to come back
to his parent department or the borrowing department does not allow him to revert
to his parent department on expiry of his term of deputation. This practice is against
the interest of efficient administration.
421

2. It has now been decided that in no case a government servant should


remain on deputation to another department or autonomous body for more than five
years. If a government servant has completed his maximum period of deputation,
and the department still feels the need of his services, the borrowing
department/organization should write to the lending department to replace him by
another government servant of the same grade and qualification, failing which the
borrowing organization would make their own arrangements. If a person is not
willing to come back to his department on expiry of the period of his deputation and
tenders his resignation, that may normally be accepted.

3. All Ministries, Divisions and Departments are requested to review the


cases of deputationists and take necessary action in the light of the above
instructions.

4. This supersedes all previous instructions on the subject.

8.5 Deputation of Government Servants


Normal Period of Deputation and
Extension

Reference Establishment Divisions OM No. 4/1/84-R-I(A), dated


20-11-1986 addressed to all Federal Secretaries/Provincial Chief Secretaries,
wherein the following directive of the Prime Minister was communicated:

(a) In all cases of appointment on contract, re-employment,


secondment or deputation the period of appointment should be
clearly specified.

(b) On the last date of the specified period the officer should
automatically stand relieved of his duties unless the orders of the
competent authority have been obtained in advance for
extending the period.

2. The Ministries/Divisions were accordingly directed to specify the


period of appointment in those cases where it was not specified and to ensure that
no officer was appointed on contract, re-employment, secondment or on deputation
without specifying the period of appointment. It was also directed that on expiry of
the specified period, the officer should be relieved of his assignment forthwith
unless the period has already been extended by the competent authority.

3. The standard terms and conditions of deputation which were drawn in


consultation with Finance Division and circulated vide Establishment Divisions O.M
No. 1/13/87-R.I, dated 03-12-1990, provide that the normal period of deputation for
all categories of government servants will be three years. This will be extendable
maximum by two years with the prior approval of the competent authority i.e.
Establishment Division.
422

4. The policy guidelines issued with the approval of the Chief Executive
and circulated vide Establishment Divisions O.M No.1/28/75-II/R-3/R.I, dated
11-4-2000 also provided that the normal period of deputation should be three
years and no extension beyond three years may be allowed without prior approval
of Establishment Division.
5. Despite the above cited instructions, it has been noticed with concern
that in some cases neither the period of deputation is specified by the
Ministries/Divisions concerned nor the incumbents are relieved of their duties on the
expiry of specified period of deputation, and thus they continue to serve in the
borrowing department without the prior approval of the competent authority resulting
into administrative problems and legal issues due to non-adherence to the
instructions of the government.

6. The Ministries/Divisions are once again advised to strictly observe the


directions of the Prime Minister as referred to in paras 1 and 2 above and
instructions issued by Establishment Division as referred to in paras 3 and 4 above.
7. The above instructions may also be brought to the notice of all
corporations and Autonomous/Semi- Autonomous Bodies under the administrative
control of Ministries/Divisions.
[Authority:- Estt. Div.s O.M. No. 1/28/75/-D.II/R.3/R.I, dated 04-03-2005].

8.6 Terms and Conditions of


Deputation of Civil Servants

Reference the instructions contained in Estab. Divs O.M No. 1/28/75/


D.II/R.3/R.I, dated 5.7.1995, on the above subject. The aforesaid instructions
have been reviewed and it has been decided with the approval of the Prime
Minister that civil servants who are on probation on promotion to a higher post
may be allowed to proceed on deputation. However, this concession will not be
admissible to those civil servants, who are on probation on initial appointment and
have to pass/qualify a prescribed examination, test or course/training for the
successful completion of their probation.

2. Ministries/Divisions are to bring above instructions to the notice


of Attached Departments/Subordinate Offices under their administrative Control.

[Authority:- Estt. Div.s OM No. 1/28/75/D.II/R.3/R.I, dated 14.02.2007]

8.7 Deputation Not a Method of Appointment

Reference Establishment Division's O.M.No.1/28/75-D.2/R.3/R.I, dated


18th February, 1987, wherein the normal period of deputation for all categories of
government servants had been fixed as three years, extendable by another two
years with the prior approval of the competent authority. Under the said instructions,

Now Prime Minister.


423

Secretaries of the Ministries/Divisions concerned were authorized to grant extension


in deputation period beyond the initial period of three years in respect of government
servants holding posts in BPS-17 to BPS-19.

2. It has been observed, however, that there is a growing tendency to


resort to postings through deputationists despite the fact that deputation is not a
normal prescribed method of appointment as, under the Civil Servants
(Appointment, Promotion and Transfer) Rules, 1973, three methods of
appointments are required to be made either by promotion or by initial appointment
or by transfer. The method of appointment to posts is also prescribed in the
recruitment rules. Filling up the posts through deputation, if not provided so in the
recruitment rules, leads to following adverse implications:-

(i) In case of promotion posts, the promotions of departmental personnel


are delayed/stopped.

(ii) In case the post is required to be filled through initial appointment,


quota of a particular province is affected.

3. In order to bring the deputation policy in conformity with the present


policy of postings and transfers circulated vide Establishment Division's
O.M.No.10/10/94-R.2, dated 22nd March, 1994, and also to discourage the
increasing tendency of postings through deputation, it has been decided that, in
future, the deputation period will be limited to three years only. A maximum two
years extension in the deputation period will be considered only in exceptional
cases, in the public interest, and with the prior approval of the Establishment
Division in all cases of government servants in BPS-17 and above. The extension
cases shall be forwarded to the Establishment Division at least six months before
the expiry of the three-year deputation period and with proper justification for the
proposal. However, no deputation proposals will be entertained which will adversely
affect the method of appointment to the post as laid down in the recruitment rules.
Accordingly, all such proposals must invariably be accompanied by a formal
assurance signed by at least the Joint Secretary (Admn) to that effect.

4. Ministries/Divisions are requested to also bring these instructions to


the notice of their Attached Departments, Subordinate Offices, Corporations,
Autonomous Bodies, etc, under their administrative control, for guidance/strict
compliance. It may please be noted that arrangements have been made in
consultation with the Auditor General's Office whereby payment of emoluments etc.
to those on deputation will be stopped forthwith, immediately following the
completion of the three-year deputation period, unless the Establishment Division's
prior approval has been obtained and conveyed to the concerned Audit Circle.

5. The existing instructions on this subject issued vide Establishment


Division's O.M.No.1/28/75-D.2/R.3/R.I, dated 18th February, 1987 stand modified to
the above extent.

[Authority.- Estt. Divisions O.M. No.1/28/75-R.I, dated 14-3-1995].


424

8.8 Deputation of Government Servants


Procedure for Extension

Reference Establishment Division O.M. No. 1/28/75-D.II/R.3/R.I, dated


6.10.1994 read with OM dated 14.3.1995 on the above subject. According to the
standing instructions contained in this Division OM dated 6.10.1994 cases for
extension in deputation period are required to be forwarded to the Establishment
Division at least six months before the expiry of initial period of deputation failing
which no extension in deputation period would be granted and the officers
concerned would be considered repatriated to their parent department/organization
on expiry of initial period of deputation.

2. It has, however, been observed that, at times, the Ministries/Divisions


send cases to this Division for extension in deputation period long after the expiry of
initial deputation period. This practice is decidedly against policy instructions on the
subject and need to be avoided.

3. Ministries/Divisions are, therefore, requested to comply with the


standing instructions, referred to above, strictly and to ensure that cases for
extension in deputation period are forwarded to Establishment Division six months
before the expiry of initial period of deputation with proper justification.

[Authority:- Estab. Div. OM No. 1/28/75-R.I, dated 30th October, 2000]

8.9 Terms and Conditions of Deputation


of Civil Servants []

The instructions governing the terms and conditions of transfer of civil


servants [to foreign service in Pakistan] are contained in FR.114 and various
O.Ms. issued by the Finance Division/Establishment Division from time to time.
Since these instructions are scattered over a number of O.Ms. enquiries have been
received from Ministries/Divisions regarding applicability of these instructions in their
correct perspective. Accordingly, standard terms and conditions of deputation of
civil servants *[] have been drawn in consultation with the Finance Division and
are given below:-

1. Period of Deputation

The normal period of deputation for all categories of government servants


will be three years. This will be extendable maximum by two years with the
prior approval of the competent authority.

The words to foreign service in Pakistan deleted vide Estt.Div.s O.M.No. 1/13/87-R.I, dated
04-04-2007.

The words to foreign service in Pakistan substituted with the words on deputation vide Estt.Div.s
O.M.No. 1/13/87-R.I, dated 04-04-2007.
425

2. Pay

Pay in BPS as admissible under the government from time to time.

3. Deputation Allowance

Deputation allowance will be admissible at 20% of the basic pay subject to


a maximum of Rs. 6000 per month (both for Management Grade and non-
Management Grade posts).

4. Travelling Allowance

Travelling allowance will be admissible in accordance with the ordinary TA


rules of the government except that where TA rules of the borrowing
organization are more favourable the latter will apply.

5. Conveyance

(i) In case official car has been provided to the deputationist by the
borrowing organization, it should be used for official purpose only,
except where employees of the borrowing organization in an equivalent
rank are entitled to free use of official car for both official and private
purpose the same facility would be admissible to the deputationist
subject to the prescribed petrol limit.

(ii) If the deputationist is entitled to official car in his capacity as a


government servant, excluding the official transport provided on a
specific post, he shall continue to enjoy the facility on the same terms.

(iii) If the deputationist is the chief executive of the autonomous/semi


autonomous body, he will be permitted free use of official car, for
official and private purpose subject to the condition that the total petrol
consumption will not exceed 180 liters in a month, in case the
deputationist is in [BPS-20 or] BPS-21 and 240 liters in case he is in
BPS-22.

(iv) If official transport is provided both for official and private purpose, the
residence-office conveyance allowance shall not be permissible.

(v) In case official transport is not provided, or if provided, is not used for
journey between office and residence, residence-office conveyance
allowance will be admissible at specified stations, at the rates and on
the conditions laid down in para-8 of the Finance Division's O.M.
No. F.1(1) IMP.11/77, dated 28.4.1977, as amended from time to
time. For occasional travel, the mileage/conveyance rates, admissible
in the government will be applicable.

Amended vide Estab. Div.s O.M. No. 1/13/87-R.I, dated 15-12-1991.


426

6. Residential Facility

(i) Accommodation may be provided to the deputationist, of a standard


not inferior to what is normally admissible to him as a government
servant, subject to deduction of 5% of his emoluments. If
accommodation is not provided, the deputationist will receive house
rent allowance, at a rate fixed by the government from time to time. If
the deputationist is the chief executive of the autonomous/semi
autonomous body, free unfurnished accommodation may be provided
except where an official residence has already been constructed by
the autonomous/semi autonomous body.

(ii) The facility of hiring of a house owned by a civil servant will be


admissible to a civil servant appointed on deputation in an
autonomous body as provided under rule 22 of Pakistan Allocation
Rules, 1971.

iii) In case accommodation is to be hired for the deputationist, the rental


ceiling laid down by the Works Division in the Pakistan Allocation
Rules, 1971*, as amended from time to time, or that applicable to
employees of equivalent rank in the borrowing organization,
whichever is beneficial to the deputationist, will be applicable.

7. Medical Facility

Medical facilities may be allowed, in accordance with the relevant rules of


the borrowing organization provided that these facilities will not be inferior to
those admissible under the government.

8. Pension Contribution

[When a civil servant is posted on deputation basis to autonomous/ semi-
autonomous bodies/corporations etc. pension contribution shall invariably
be made by the borrowing organization at the prescribed rate].

9. Leave Salary

No leave salary contribution shall be payable by the borrowing organization,


but leave/leave salary shall be sanctioned/paid during the period of
deputation, by the borrowing organization. The Federal Government
employees sent on deputation who are granted leave and paid leave salary
by the borrowing organization shall not count the period spent on

Pakistan Allocation Rules, 1971 were repealed by Pakistan Allocation Rules, 1993 vide Works
Divisions Notification No. SRO 1006(1)/93, dated 20-10-1993 (pages 19-40, Common Services
Manual (Vol. II), PPARC, M.S. Wing, Estt. Div. 2003). Pakistan Allocation Rules, 1993 were repealed
by the Accommodation Allocation Rules, 2002 vide Works Divisions Notification No. SRO
749(I)/2002, dated 30-10-2002 (pages 41-69, of the document ibid).

Substituted vide Estt.Div.s O.M.No. 1/13/87-R.I, dated 04-04-2007.


427

deputation for earning leave under the Government of Pakistan on their


return. However, the leave earned by a civil servant, but not availed/allowed
during the period of his deputation in Pakistan will be credited to his leave
account on reversion to government department. For this purpose, the
autonomous bodies and corporations will maintain proper leave accounts
for the government servant on deputation with them. Encashment of leave
will not be admissible in the case of Government servants on deputation on
the basis of the Rules/Regulations of the autonomous bodies/corporations.

10. Disability Leave

The borrowing organization shall also be liable for leave salary, in respect
of disability leave granted to the civil servant, on account of disability
occurred in and through foreign service, even though if such disability
manifests itself after the termination of foreign service. The leave salary
charges, for such leave, shall be recovered by the civil servant direct from
the borrowing organization.

11. G.P. Fund etc.

During the period of deputation, the civil servant concerned will continue to
subscribe to the G.P. Fund, the remittance of which shall be supported with
a G.P. Fund schedule, mentioning therein the G.P. Fund Account Number
and the name of the Accounts Officer, maintaining the account. The
remittance should be made to the parent office of the government servant
concerned. The parent office will send copies of challans and schedules, to
the Accounts Officer concerned for necessary action. As regards the
Benevolent Fund and Group Insurance premium contribution, this should
be remitted directly, by the government servant concerned, through the
normal banking channel, to the Board of Trustees, Federal Employees
Benevolent and Group Insurance Funds, Islamabad with the prescribed
schedule, duly completed.

12. Change in Terms of Deputation

The civil servant on deputation will continue to be under the rule-making


control of the lending government, in matters of pay, leave, pension,
G.P.Fund, etc. The lending government accordingly, will have a right to
determine, in consultation with the borrowing organization, the terms of his
employment under the latter and these terms shall not be varied by the
borrowing organization, without consulting the lending government.

13. Joining Time, Pay and TA

The borrowing organization will pay for the joining time granted on transfer
to and reversion from deputation, at the rate prescribed by the Federal

deputation
428

Government. It will also pay TA to the deputationist for journeys performed


by himself on transfer to and reversion from foreign service.
14. Encashment of LPR
A civil servant on deputation who is due to retire from government service
either on completion of 30 years qualifying service or on attaining the age of
superannuation, may draw the encashment of LPR from the borrowing
organization, if he continues to work during the whole period of his LPR/last
year of his service, without repatriation of his services.
15. Compensatory Allowance

[If, by reason of his transfer to foreign service, the government servant
loses any privilege or concession of pecuniary value which he would have
enjoyed in government service or is constrained to incur extra expenditure
due to the nature of his duties in foreign service or to the circumstances in
which those duties are performed, he may be allowed a compensatory
allowance or other suitable concession with the prior concurrence of the
competent authority. This will include Personal Allowance admissible w.e.f.
1st June, 1994 vide para 5(i) of Finance Division's O.M.No. F.1(2)-Imp/94(i)
dated 15th June, 1994. Such personal allowance in case of BPS-17 to
BPS-22 employees shall be reduced equal to annual increments and shall
cease as his pay is increased equal to or more than his personal
allowance].
16. Qualification Pay/Allowance
The deputationist would also be entitled to draw qualification
pay/allowances which he has been drawing in his parent department. The
qualification pay/allowance will not be related to the job but will be personal
to the incumbent for possessing certain qualifications or passing an
examination.
2. The above instruction shall come into force from the date of issue of
this O.M. and shall replace the existing orders/ instructions on the subject.
[Authority:-Estt. Divisions O.M.No.1/13/87-R.I, dated 3-12-1990].

8.10 Terms and Conditions of Deputation


of Civil Servants to Foreign Service
in Pakistan
Reference this Divisions Office Memorandum of even number dated
3.12.1990, as amended from time to time Item No. 3 (Deputation Allowance) of the
aforesaid O.M be substituted as under [w.e.f. 1.7.2005]:-

Substituted vide Establishment Divisions O.M. No. 1/13/87-R-I, dated 12-2-1995

deputation.

The words with immediate effect substituted with the words/figures w.e.f. 1.7.2005 vide Estt.
Div.s O.M.No.1/13/87 dated 09-12-2006.
429

@ 20% of the basic pay subject to a maximum of Rs. 6000/-- per


month (both for Management Grade and non-Management Grade
posts)

2. This issues with the concurrence of Finance Division as contained in


their OM No. 3(3)/R.3/2006-360, dated 27.5.2006.

[Authority:- Estab. Div. OM No. F. No. 1/13/87- R.I, dated 12th June, 2006]

8.11 Instructions to Regulate Cases of


Transfers/Deputation of Staff from
One Office to Another

The following instructions are issued to regulate cases of transfers from


one office to another of the ministerial staff employed in the Pakistan Federal
Secretariat and its Attached Departments with particular reference to the position of
a deputationist in his parent office as well as in the borrowing office.

2. Should temporary transfers to other offices be allowed (i) as a normal


course, or (ii) only if considered necessary in the public interest. Transfers should
be allowed only in the public interest. The term "public interest" is explained in
paragraph 4 below.

3. Should a transfer be allowed (i) normally in the same grade*, or (ii)


only if it involves promotion. It does not appear necessary to lay down any hard
and fast rules in this respect, since as stated in paragraph 2 above, transfers will be
allowed only, if necessary, in the public interest, and it would, therefore, be
immaterial whether a transfer is in the same grade or whether it involves
promotion.

4. What should be done to ensure that the claims to promotion of those


already employed in the borrowing office have been satisfied. (a) It has been
decided that, in fairness to the persons employed in the office in which a vacancy
occurs, a person from another office should be appointed only if no person eligible
and suitable for appointment is available in the office concerned. For this purpose,
it should be placed on record by the appointing authority, or the Departmental
Promotion Committee concerned, as the case may be, that none of the persons
eligible concerned, for appointment from amongst the persons is available in the
office. The reasons for declaring the persons employed in the office concerned as
unfit for appointment to the post in question should be recorded by the authority
concerned. When a person is appointed by transfer in the circumstances stated
above, his transfer should be considered to have been made in the public interest.
(b) When a transfer becomes necessary in the manner referred to above, it should

BPS/post.
430

be arranged between the offices concerned without a reference to any outside


authority. It may be pointed out that a transfer should be made only if it is
permissible under the relevant rules relating to recruitment to the post or service
concerned. In this connection attention is also invited to the Establishment Division
Office Memorandum No. 54/2/48-Estt. (ME), dated the 21st November, 1949.
5. The position in his parent office of the person transferred temporarily
to another office. When a transfer has been made in the public interest as
explained in paragraph 4 above, the interests of the person concerned should be
protected in his parent office until he is confirmed in the borrowing office. For this
purpose, when a vacancy occurs in a higher grade* in his parent office, the person
concerned should be considered therefor, and if he is selected for promotion in
accordance with the relevant rules, he should be appointed formally (and not
actually) to the post in the higher grade*. Similarly, if he was officiating, at the time
of his transfer, in post a higher than the one in which he was employed
permanently, he should be considered for confirmation in the higher post when his
turn comes. This would enable him to occupy, on reversion to his parent office, the
position which he would have occupied had next rule" should however, be

* BPS/Post.

Note:
Next Below Rule: In initial substantive appointment of a government servant, his pay is fixed, if he
holds a lien, on a permanent post in this manner: if the appointment involves assumption of duties
and responsibilities of greater importance than those of the permanent post, he will draw as initial
pay the stage of time scale next above substantive pay in respect of the old post. When appointment
to the new post does not involve such assumption, he will draw, as initial pay at the stage of the time
scale equal to his substantive pay in respect of the old post, or if there is no such stage, the stage
next below that pay plus personal pay equal to the difference, till he earns an increment in the time
scale of the old post or in the time scale of the new post, whichever is less, but if the minimum in the
time scale of the new post is higher than his substantive pay, he will draw that minimum as initial
pay. The guiding principle for the working of the next below rule, as given in FR 30(10) is that an
officer outside his regular line should not suffer by forfeiting acting promotion had he remained in his
regular line. Thus a fortuitous acting promotion of a junior officer to an officer outside the line of
promotion, does not give rise to claim under the next below rule.
Procedure for regulating pay under the next below rule: The Governor General has sanctioned
the adoption of the following guiding principle in regard to the working in future of the next below
rule. The intention of the so-called rule was apparently that an officer out of his regular line should
not suffer by forfeiting acting promotion which he would otherwise have received had he remained in
his regular line. From that it follows that the fortuitous acting promotion of some one junior to an
officer who is out of the regular line does not, in itself, give rise to a claim under the 'next below' rule.
Before such a claim is established it should be necessary that all the officers senior to the officer who
is out of the regular line have been given acting promotion, and also the officer next below him,
unless in any case the acting promotion is not given because of inefficiency, unsuitability or leave. In
the event of one of these three bars being applicable to the officer immediately below the officer
outside his regular line, some other officer, even more junior should have received acting promotion
and the officers, if any, in between should have been passed over for one of these reasons.

(Late Govt. of India Finance Department Endst. No. F.27(1)-EX-I/36, dated the 20th
February, 1936 and Home Department No. F. 52/36, dated the 6th February, 1936).
The Ministry of Finance has had under consideration the question of operation of the 'next
below rule' in the offices of the Government of Pakistan.The "next below rule" was a temporary
431

allowed to him in respect of a promotion nor should he be placed in an


advantageous position vis-a-vis his colleagues in his parent office, by virtue of his
promotion, if any, in the borrowing office. In other words, he should be considered,
while on temporary deputation to the other office, as a member of his parent office
for the purpose of confirmation, promotion, seniority etc. He should be allowed to
revert to his parent office with the agreement of both the lending and the borrowing
offices.

6. Seniority on transfer from one office to another. (i) The instructions


in the foregoing paragraphs regulate the position of a deputationist in his parent
office. As regards his seniority in the office to which he is transferred, it should be
determined in the following manner:-

(a) When it is open to the person concerned to accept or refuse an offer


of appointment in another office, he should count his seniority in the
new office from the date of his transfer to that office.

(b) When a person is compulsorily transferred to another office as a


result of conscription, or alongwith the post and his work, he should be
allowed to count his previous continuous service in the grade towards
seniority in that grade in the new office.

It may be pointed out that separate seniority lists should be prepared in


respect of (i) persons appointed on a permanent or a quasi-permanent basis; and
(ii) persons appointed on a purely temporary basis, and the person obtained by
transfer from another office should be assigned his appropriate place, in
accordance with the above instructions, in the list of the persons to which category
he belongs.

(ii) The seniority of a person, who went on deputation from one office to
another before 31st March, 1951, should be determined in his new office, in
accordance with the following instructions:-

(a) In order to get the benefit of continuous service in a *grade, a


deputationist be permanent in that *grade in his parent office, and not

expedient designed to protect government servants from monetary loss and in effect meant the
temporary upgrading of posts. It was originally intended that the expediency should not last more
than six months in individual cases. Whatever may have been the held advantage in the past to
leave a man undisturbed in the post by him if the exigencies of the public service required it, the
need for such, considerations does not exist at present. It is the considered opinion of this Ministry
that the concessions of the 'next below rule' should not be permitted except in very exceptional
circumstances and that too for very short periods. It has been decided, therefore, that the cases
wherein the benefit of the next below rule has been conceded should be reviewed forthwith. The
Ministry of Interior/etc. should take steps either to obtain the approval of this Ministry for the
continuance of that benefit or to revert the government servant concerned to his parent office.
(Ministry of Finance O.M. No. 1196-R.E-.G./47, dated the 7th December, 1947)
* BPS/post.
432

merely eligible for being made permanent. In case, however, he is


subsequently made permanent in a *grade in his parent office from a
retrospective date, his seniority should be changeable in the
borrowing Ministry/ Department, and he should be considered to be
permanent on the date of transfer, and given the benefit of his
continuous service in the borrowing Ministry/Department in that
*grade;

(b) A deputationist can get the benefit of his continuous service in a


*grade in the borrowing Ministry/ Department only if he is appointed in
the borrowing Ministry against a regular post in accordance with the
roster prescribed in the Establishment Division Office Memorandum
No. 54/2/48/Ests. (ME), dated the 21st November, 1949. If, however,
he is appointed in the borrowing Ministry/Department against a
temporary post, he will take seniority with effect from the date he is
appointed against a regular post, and all persons in the borrowing
Ministry who are permanent in that *grade, or have been appointed
according to the prescribed roster on the date of the deputationists
temporary appointment, will take seniority over him.

7. Transfers as a result of conscription. The interests of the person


transferred compulsorily to another office as a result of conscription should be
adequately protected in his parent office as stated in paragraph 5 above. In
addition, when his turn for promotion to a higher *grade comes in his parent office,
he should be appointed to the post actually and be allowed the financial benefit of
the "next below rule".

8. Transfers alongwith posts. As regards persons who are transferred


to another office alongwith their posts, the question of the protection of their interest
in their parent office will not arise, since they will be transferred on a permanent
basis and will thus sever their connections with the previous office.

9. Protection of interests of temporary persons. The above instructions


apply to persons who hold permanent posts in their parent offices. As regards
persons employed on a temporary basis, there is no question of the protection of
their interests in their previous office, since, on transfer to another office, they will
automatically cease to be members of their previous office. If, however, an
occasion arises in which a temporary person is compulsorily transferred to another
office as a result of conscription, the question regarding the protection of his
interests in his original office should be decided in consultation with the
Establishment Division.

* BPS/Post.

Note w.r.t para 5 Sl.No.8.11.


433

10. Persons holding excluded posts. Persons employed against


"excluded posts" in the Pakistan Federal Secretariat and its Attached Departments
are not eligible for appointment to posts in the regular cadre, vide Establishment
Division Office Memorandum No. 54/l/48/Est. (ME), dated the 24th August, 1948. If
a case arises in which a person holding a permanent appointment in the regular
cadre is appointed temporarily to a post in the "excluded cadre", in view of his
special or technical qualifications, his case should be considered as one of transfer
to another office, and should be dealt with in the light of the instructions contained in
the foregoing paragraphs.

11. These instructions take effect from the date of this Office
Memorandum. It is necessary that, before a transfer is made, the position of the
person concerned, both in his parent office and the borrowing office, should be
specially determined in the light of these instructions and the decision
communicated in writing to the person concerned as well as to the office to which
he is transferred.

[Authority.- Estt. Divisions O.M. No. 6/15/48-ME, dated 31-3-1951 read with
O.M. No. 6/39/57-ME, dated 5-2-1958].
Sl. No. 9

Grant of Deputation Allowance

The term "deputation" has not been defined in the Civil Servants Act, 1973
and the rules made thereunder. However, in its judgement (PLD 1981 SC 531), the
Supreme Court of Pakistan has enunciated the following explanation of the term
deputation:

"According to the practice in vogue a Government servant begins to be


regarded as a deputationist' when he is appointed or transferred, through
the process of selection to a post in a department or service altogether
different from the one to which he permanently belongs. He continues to be
placed in this category so long as he holds the new post in an officiating or
a temporary capacity but ceases to be regarded as such either on
confirmation in the new post or on reversion to his substantive post."

2. On the basis of the above cited explanation, appointment of a civil


servant of the Federal Government, other than an officer of the *APUG, to a post in
the Provincial Government would fall within the definition of deputation.

3. For the purpose of entitlement of deputation allowance, however, the


above cited explanation of the term deputation is not relevant because deputation
allowance sanctioned in Establishment Division O.M. No. 1/13/87-R.I, dated 3rd

* All Pakistan Services (Change in Nomenclature) Rules, 1973, notified vide SRO 1307(I)/73 dated
14-09-1973, have been repealed vide SRO 89(I)/2014 dated 14-02-2014, whereby all notifications
and instructions issued on the subject from time to time were mutatis mutandis amended.
434

December, 1990 is admissible only on "deputation of civil servants to foreign service


in Pakistan". The term "foreign service in Pakistan" has been defined in Rule 9(7) of
the Fundamental and Supplementary Rules. According to these rules a government
servant is considered to be on deputation to foreign service in Pakistan when he
receives his pay from outside the general revenues of the Federation, or a Province
or Railways fund. This means that deputation allowance is not admissible if a
person is on deputation to a department of Federal or Provincial Government even
outside the normal line of his service because he continues to receive his salary
during such deputation from the general revenues of the Federation or a Province.
Deputation allowance is thus admissible only in cases of `deputation to foreign
service in Pakistan' as defined in FR.9(7) and it is not admissible in cases of
deputation to Ministries/ Divisions, Attached Departments or Subordinate Offices of
Federal Government or Provincial Government or Railways.

4. It is requested that the Finance Division may kindly tender their advice
on the point raised at para 2 above.

[Authority.- Estt. Divisions O.M. No. Dy.875/98-DS(E.I), dated 2-4-1999].

9.1 Clarification About Deputation Allowance

Reference Establishment Division's O.M. No.Dy.875/98-DS(E.I), dated


2.4.1999 on the subject noted above. In accordance with the existing policy
instructions issued by the Establishment Division vide O.M. No.1/13/87-R.I, dated
03.12.1990, deputation allowance is strictly allowed to all government servants
including Provincial Governments who are deputed under the standard terms of
deputation in light of Circular quoted above. It is also confirmed that term "a foreign
service in Pakistan",has been covered in rule 9(7) of the Fundamental and
Supplementary Rules.

2. It is, therefore, clarified that a government servant is considered to be


on deputation to foreign service in Pakistan when he receives his pay from outside
the general revenues of the federation or a province or railway funds. Subsequently,
deputation allowance would not be admissible to a person on deputation to a
department of Federal or Provincial Government even outside the normal line of his
service because he continues to receive his salary during such deputation from the
general revenue of federation or a province.

[Authority.- Finance Divisions O.M. No. F.12(1) R.3/99-386, dated 13-5-1999].

9.2 Bar Against the Use of the Term


"Deputation Allowance"

It has been brought to notice that Ministries and Divisions frequently


sanction "deputation allowance" for government servants without specifying the
reason for the allowance.
435

2. At the outset, it may be stated that the term "deputation allowance"


has not been used in the F.Rs and under those rules special duty or "deputation
within Pakistan" is not recognized vide Audit instruction below F.R. 40. Such cases
are correctly described as cases of temporary transfer. The use of the term
"deputation allowance" to denote an addition to pay or an allowance granted to a
government servant on his transfer from one department to another is technically
incorrect and not recognized under the FRs. The position under these rules is that:

(1) if on transfer from one department to another a government servant is


appointed to a post for which pay and allowances have already been
fixed he should, ordinarily, draw the pay and allowances attached to
that post;

(2) if he is transferred for temporary duty against a temporary post


created for him, the pay of the post has to be fixed in accordance with
the principles laid down in F.R. 40 and the government orders below
that rule;

(3) if it is not considered necessary to fix the pay of the post, the officer
who is placed on temporary duty draws his own pay but if the duty
involves the consideration mentioned in F.R. 9(25), a suitable special
pay is sanctioned to him ;

(4) if, however, the transfer does not attract the provisions of F.R. 9(25),
but the grant of a compensatory allowance is justified e.g., where an
officer has to incur extra expenditure due, for instance, to the
expensiveness or remoteness of the locality to which he is transferred
a suitable compensatory allowance is granted.

The classification of the additional remuneration, in either of the last two


cases would depend on the reasons for which it is sanctioned.

3. The position stated above may be kept in view while sanctioning


additions to emoluments on transfer of government servants. The terminology used
in the sanctions should be strictly in accordance with the terms recognized under
the FRs and the reasons for which additions to emoluments are sanctioned should
invariably be specified in the sanction letter.

[Authority.- Finance Divisions O.M.No.F.3 (31)-R-II(I)/58, dated 15-8-1958].

Sl. No. 10

Right of Reversion to Temporary Government Servants

When the right of reversion is given to a temporary person, his case


becomes analogous to that of a regular deputationist to some other office. Para 9
436

of the Office Memorandum, dated the 31st March, 1951 states the normal position
in respect of temporary staff. If, however, the employing Ministry give the right of
reversion to a temporary employee at their discretion, there is nothing wrong in it.
The spirit behind the instructions contained in the Office Memorandum, dated the
31st March, 1951 was the protection of interests of deputationists to other offices
while they are away.

[Authority.- Estt. Divisions U.O. Note No. 6/17/58-ME, dated 4-8-1958].

10.1 Reversion of Probationers Undergoing


Training at the Civil Services Academy
to Their Former Post

It has been decided that a probationer who holds lien against his former
post where he was appointed otherwise than through Competitive Examination held
by the Federal Public Service Commission, will be allowed to revert to that former
post within 30 days of the commencement of common training programme at the
Civil Services Academy. Such a probationer will not be allowed to revert in any case
after the expiry of that period.

2. It is requested that the above decision may appropriately be


incorporated in the offer of appointment in future.

[Authority.- Estt. Divisions O.M. No.1/17/87-T.V. dated 19-2-1987].

10.2 Reversion of Deputationists

Cases have come to the notice of the Establishment Division where officers
whose services were obtained on deputation for a specific period were not returned
by the borrowing department when the parent department asked for their reversion.
Attention in this regard is invited to the Establishment Division's O.M. No.
1(28)/71-D. II, dated the 28th March, 1972 (Annex I), wherein it was laid down that
officers obtained on deputation should be reverted to their parent department on the
expiry of the period of deputation.

2. In the interest of efficient administration, it is reiterated that the above


mentioned instructions should be followed rigidly and the deputationists reverted to
their parent department on the expiry of the period of deputation unless the intention
is to permanently absorb the deputationist in the cadre or department where he is
serving on deputation and the recruitment rules for the post provide for such a
course. In such cases, the consent of the deputationist to the suspension or
termination of lien on his permanent post in the parent department, as well as the
agreement of the parent department, should be obtained. With the completion of
these formalities, the deputationist will be treated as regular member of the
establishment of the borrowing department.
437

3. Where, however, it is not intended to permanently absorb the


deputationist in the borrowing department, the deputationist must not be allowed to
remain away from his parent cadre for unduly protracted period; he should be
reverted to the parent department on expiry of the period of deputation as originally
fixed. If the borrowing department needs the services of another officer having the
qualifications or experience possessed by the deputationist, a request should be
made to the lending department to depute some other officer in his place
possessing the same qualifications or experience as far as possible. The borrowing
department in no case should insist on retaining a particular individual beyond the
original period of deputation.

4. All Ministries, Divisions and Departments are requested to examine


the cases of deputationists with them and take necessary action in the light of the
above instructions. If relaxation of these orders is required in any individual case, it
may be referred to Establishment Division with full justification.

[Authority.- Estt. Divisions O.M. No. 1(28)/75-D.II, dated 6-3-1975].


438

(ANNEX I)
(See Sl. No. 10.2)

[Copy of Establishment Division O.M. No. 1(28)/71-D. II, dated the 28th
March, 1972].

The question has been raised whether the instructions issued in the
Establishment Division O.M. No.1/23/71-D.II, dated 29th July, 1971 (Annex II)
regarding proforma promotion apply also to past cases where proforma promotions
had already been made prior to the issue of these instructions. The Ministries and
Divisions are advised to review all such cases. If the officer had been allowed to
proceed on deputation for a specific period, he should be required to revert to the
parent department on expiry of that period. In case no period was specified, the
parent department should examine the propriety of recalling the officer to the parent
cadre as it is not administratively desirable that officers and staff should remain
away from their parent cadre for unduly long period, say, more than 3 years in the
case of gazetted officers and 5 years in the case of non-gazetted staff. However, if
in the case of a particular department the number involved is large, the recall of the
deputationists should be judiciously staggered so that no large scale reversions are
caused in the parent office consequent on the recall of the deputationists. Priority in
recall should be given to those who have been allowed proforma promotion in the
parent cadre. Where, however, the borrowing departments are prepared to confirm
such officers and staff on their own establishment (provided this is admissible in
accordance with the recruitment rules applicable to the post) and the officer or staff
is also willing to be so absorbed, reversion to parent cadre may not be insisted
upon.
(ANNEX II)
(See Sl. No. 10.2)

[Copy of Establishment Division O.M. No. 1/28/71-D.II, dated the 29th


July, 1971].

The Ministries and Divisions, as well as Attached Departments and


Subordinate Offices, have, in the past, been ordering proforma promotions (also
called promotions in absentia) of persons serving on deputation on foreign service,
or in ex-cadre posts, as a matter of course on the sole ground that the
deputationists had been approved for promotion by the D.P.C. of the parent
department and a person junior to him had been promoted. This has resulted in the
deputationists serving away from their parent department or cadre for unduly long
periods as such persons not only enjoy better emoluments while on deputation but
also feel secure that their interests are being fully protected in their own
departments.

2. The intention underlying proforma promotions is to protect the


interests of the government servant only in circumstances where the government
servant is required to serve away from his parent cadre because of a definite
439

requirement of public interest and not merely to suit his own interests. Normally,
therefore, a deputationist, as soon as he becomes due for promotion, should be
required to revert to his parent department or cadre so that he is promoted to the
next higher post for which he may have been declared fit. In case an offer of
promotion is made to him and he declines to revert, he may be allowed to remain in
the outside post on the clear understanding that he will not ask for proforma
promotion. Only in exceptional cases where the borrowing department or
organization expresses its inability to spare the officer, and the head of the parent
department records, in writing, why he considers it necessary to keep the
government servant on deputation in the ex-cadre appointment, may proforma
promotions be made. Even in such cases the period for which the officer is allowed
to continue to remain on deputation, with the benefit of proforma promotion, should
be judiciously fixed so that the officer reverts to his cadre and is appointed to the
post for which he has been approved for promotion, as early as possible. Such
period should not normally exceed 6 months. All cases, where proforma promotions
are allowed for a period exceeding 6 months, should be reported to the
Establishment Division with full justification.

3. The Ministries/Divisions are also advised that in future whenever they


send an officer or member of the staff on deputation to an ex-cadre post, or on
foreign service, they should settle in advance the period of deputation with the
borrowing office/organization on the expiry of which the government servant should
revert to his parent cadre. While selecting persons for deputation, care should also
be taken not to depute officers who would soon be coming up for promotion to the
next rank in their own cadre and may have to be re-called. In the majority of cases,
officers and staff are sent on deputation on their application or request. They should
be warned that in case they fall due for promotion, they will have to revert to their
parent cadre and they will not be allowed promotions in absentia.

4. The above instructions do not apply to senior appointments in


international organizations such as the United Nations, the R.C.D. Secretariat, etc.
to which officers are nominated by government having regard to their qualifications,
experience and suitability. In such cases it may be presumed that the services of
the officer have been placed on deputation with the foreign organization in the public
interest, and proforma promotion, when called for, may be made.

10.3 Lien of Government Servants


Objective and Administrative
Implications

F.R. 14-A(b) provides that the lien suspended under F.R. 14 (a) (2) cannot
be terminated while the government servant remains in government service except
on his written request. The effect of this provision is that in a case where a
government servant is appointed in a substantive capacity to a permanent post
outside the cadre on which he is borne, he can retain his suspended lien in his

ECO/Successor Organization
440

parent cadre for the entire period of his service under the government, vide
Government decision below F.R. 14-A. It is possible that the exercise of this right
will result in certain administrative difficulties in some cases.

2. These rules have been framed with a view to safeguarding the


legitimate rights of government servants. It is not contemplated that their provisions
should be so exploited as to cause administrative inconvenience to government. In
a case, therefore, where the competent administrative authority feels that the
retention of a suspended lien, on the post by a government servant after his
appointment in a substantive capacity to an ex-cadre post for an indefinite period
thereafter if the consent required for its termination under F.R. 14-A(b) is not given,
is likely to cause administrative inconvenience, it is open to that authority not to
allow, as a purely administrative measure, the making of the substantive
appointment on the ex-cadre post. This is fully permissible and is not connected
with the provisions of these rules. The Ministries and Divisions etc., may kindly note
this for guidance and issue suitable instructions to the administrative authorities
subordinate to them, emphasizing the necessity of having this point considered
before substantive appointments in ex-cadre posts of government servants holding
liens or suspended liens in the cadres administered by them are allowed. In this
connection attention is invited to the Ministry of Finance endorsement No.
600-RIII/52, dated the 6th March, 1952 according to which borrowing departments
etc., are required to consult the lending departments before confirming lent officers
in the posts under the former's control.

[Authority.- Finance Divisions O.M. No. 8/36/59-E. XIl, dated 13-3-1961].

10.4 Procedure for Confirmation of Deputationists

Reference.- Ministry of Finance letter No.F.10(23) - EGII/ 48, dated the


10th June, 1949.
2. It has been brought to notice that there have been cases in which
permanent officers belonging to a department or government while on deputation to
another department or government have been confirmed in the latter without the
formal concurrence of the former which is essential as stipulated in the Ministry of
Finance letter No. F. 10 (23)EGII/48, dated the 9th December, 1948. It is requested
that when an officer is confirmed in the borrowing government or department, prior
formal concurrence of the lending government or department as well as the consent
of the officer concerned should be obtained.

[Authority.- Finance Divisions letter No. 600-RIII/52, dated 6-3-1952].

10.5 Confirmation of Deputationists


by Borrowing Offices

There are a number of government servants who are substantive holders


of permanent posts in one office but are on deputation to another. It has been
brought to the notice of the Establishment Division that some times when such a
441

government servant, during the course of his service in the borrowing office, is
confirmed, the parent office is not informed. As this practice causes administrative
inconvenience to the parent office, it should be avoided. As laid down in the Ministry
of Finance letter No. 600-RIII/52, dated the 6th March, 1952 permanent officers
belonging to a government or department, while on deputation to another
government or department, should not be confirmed in the latter without the prior
formal concurrence of the former and the consent of the officer concerned. Once
such confirmation is decided upon, after taking also into consideration the point
emphasized in the Establishment Division O.M. No. 8/36/59-E.XII, dated the 13th
March, 1961, a copy of the resultant confirmation orders should be endorsed to the
lending government or department.

2. Should such a government servant continue to serve the borrowing


government or department till the time of his retirement from service, information to
the effect that he is being retired should be furnished to the lending government or
department, unless the lien of the government servant in his parent cadre had been
terminated at the time of his confirmation in the ex-cadre post, as visualized in the
Establishment Division Office Memorandum, dated the 13th March, 1961 referred
to in the preceding paragraph.
[Authority.- Estt. Divisions O.M. No. 8/7/64-F.I, dated 19-10-1964].

10.6 Counting of Period of Formal Promotion


Towards Increment on Reversion to
Parent Office

It has been decided in consultation with the Ministry of Finance, that the
persons on deputation to other offices who are appointed formally (and not actually)
to officiate in accordance with paragraph 5 of the Office Memorandum, dated the
31st March, 1951, may be allowed to count the period of such officiating service
towards increments in those higher posts, on reversion to their parent offices.

[Authority.- Estt. Divisions O.M. No. 6/15/48-MEI, dated 30-1-1953].

Sl. No. 11

Application of Section Officers for Ex-Cadre Posts

Instances have come to the notice of the Establishment Division that


Ministries/Divisions are forwarding applications of their Section Officers for
appointment against ex-cadre posts without prior clearance of the Establishment
Division, and the matter is referred to this Division for appointment to such posts on
ex-post facto basis. This practice is not in order and violates the instructions
contained in this Division Office Memorandum No. 3/7/68-C.III, dated 7-2-1970 and
23-10-1971 Ministries/Divisions are requested kindly to adhere strictly to the
instructions under reference.

[Authority.- Estt. Divisions O.M. No. 11/11/73-C.III(B), dated 2-4-1973].


442

11.1 Deputation of Section Officers


Against Other Posts
A reference is invited to the Establishment Division O.M. No. 3/7/68-C.III,
dated the 7th February, 1970 (Annex) on the above subject. It is stated that it has
been decided that all applications of Section Officers for deputation to ex-cadre
posts under the Government or Semi-Government Organizations will be in the first
instance, scrutinised and examined by a Committee consisting of the Joint
Secretary and Deputy Secretary of the Establishment Division and a representative
of, at least Deputy Secretarys level of the Ministry/Division under whose
administrative control the ex-cadre posts in question belong.
2. All Ministries/Divisions are accordingly requested to forward all
applications received from Section Officers for appointment to any ex-cadre posts to
the Establishment Division at least one month before the last date prescribed for the
receipt of such applications by the authority concerned. While forwarding any
application to the Establishment Division, the Ministry/ Division concerned should
certify that the candidate possesses the requisite qualifications and experience
prescribed for the post and that they will have no objection to release him if he is
selected for the appointment.
3. In cases where the Section Officers are to be considered alongwith
officers belonging to other services the recruiting agency should invariably forward a
copy of the notification to the Establishment Division for reference.
[Authority.- Estt. Divisions O.M. No.3/7/68-C.III(B), dated 23-10-1971].

(ANNEX)
[Copy of Establishment Division's O.M. No. 3/7/68-C-III, dated the 7th
February, 1970].
It was decided by the government in early 1968, vide point No. 6 in the
Establishment Division Office Memorandum No.1/ 11/66-C. III, dated the 14th
February, 1968, that deputation of CSS officers to autonomous bodies,
attached/subordinate offices should be encouraged to give them field experience.
Pursuant to that decision, Ministries/Divisions have been deputing officers to other
organizations but apparently in a haphazard manner. The following guidelines are,
therefore, laid down for observance by all concerned:-
(a) While framing recruitment rules for the posts in government and
autonomous organizations for which the services of Section Officers
can be gainfully utilized, the question of making them eligible for such
appointments may be considered by the administrative Ministries/
Divisions concerned in consultation with the Regulations Wing of the
Establishment Division and the Central Public Service Commission,
where necessary.

Central Secretariat Service (CSS), now Office Management Group (OMG),

Federal.
443

(b) Where recruitment rules have already been framed, the question of
revising them with a view to making a provision as proposed at (a)
above, may be considered by the Ministries/Divisions concerned.

(c) Where Section Officers are to be considered alongwith officers


belonging to other services, then applications may be invited by the
recruiting agency. Such applications from Section Officers will
invariably be routed through the Establishment Division vide their
O.M. No. 1/8/62-C. III, dated the 14th May, 1966.

(d) For the posts against which only Section Officers are to be
considered for appointment, the Ministries/Divisions concerned may
place their requirements with the Establishment Division indicating:-

(i) Educational qualifications and experience prescribed for the


post.

(ii) Pay Scale etc. prescribed for it.

(iii) Nature of the duties attached to it.

(iv) Method of selection.

(v) Any other special points required to be kept in view while


making selection.

(e) No Section Officer will be allowed to stay away on deputation for more
than five years.

11.2 Gazetted and Non-Gazetted


Technical Services

A question has been raised whether the instructions contained in the


Establishment Division O.M. No. 6/15/48-ME, dated the 30th January, 1953 are
applicable to Gazetted and non-Gazetted technical services also. The matter has
been considered in the Establishment Division, and it has been decided that there
should be no objection to the cases of officials of the gazetted and non-gazetted
technical services being decided in accordance with these instructions provided that
the procedure laid down in Para 11 of the Establishment Division O.M. No.
6/15/48-ME, dated the 31st March, 1951 is observed in each case.

2. These instructions will take effect from 1st January, 1961.

[Authority.- Estt. Divisions O.M. No. 11/6/60-E, XI, dated 18-1-1961].


444

Sl. No. 12
Deputationists from Provincial Governments

The question has been raised whether, with the substitution of efficiency
honorarium for advance increments, it is still necessary for the Ministries/Divisions
to obtain the consent of the lending Provincial Governments before recommending
deputationists for the grant of efficiency honorarium. After a careful consideration of
the financial aspect of the matter, it has been decided that it will not be necessary
for the Ministries/Divisions to obtain the consent of the lending Provincial
Governments before recommending deputationists for the grant of efficiency
honorarium provided the recommendations are not based on the recommendees'
good performance under the Provincial Governments.

[Authority.- Estt. Divisions O.M. No. 5/l/63-CV/LR.II, dated 13-3-1965].

12.1 Change in Terms and Conditions


of Deputationists

A case has recently come to the notice of the Establishment Division in


which a BPS 5 employee of a Provincial Government on deputation to the Federal
Government was promoted to a BPS-16 post and subsequently to a BPS 17 post
while on deputation, without consultation with the Provincial Government
concerned. This has created an awkward situation for the Provincial Government in
the matter of fixation of pay, grant of pension, etc. to the employee concerned on
repatriation from deputation.

2. It may be recalled that a government servant on deputation continues


to be under the rule-making control of the lending government and is governed by
the rules of the lending government in matters of pay, leave, pension, etc. The
lending government accordingly have a right to determine, in consultation with the
borrowing government, the terms of his employment under the latter and these
terms should not be varied by the borrowing government without consulting the
lending government.

3. In view of the position explained above, it is brought to the notice of all


the Ministries/Divisions etc. that no increase in pay or improvement in other service
prospects should be allowed to any employee on deputation without consulting the
lending government or department and without the approval of the Establishment
Division.

[Authority.- Estt. Divisions O.M.No.1/4/86-R.I. dated 3-4-1986].


445

12.2 Ruling Regarding Employees from


Provinces/Authority on Deputation
to Federation

Under clause (2) of section 1 of the Civil Servants Act, 1973, that Act
applies only to civil servants. Under sub-clause (i) clause (b) of section 2 of that Act
persons who are on deputation to the Federation from any Province or other
authority have been excluded from the definition of "civil servant". Therefore the Act
or the Rules made thereunder are not applicable to such persons. Any rules having
the force of law applying to such persons and existing before the coming into force
of the permanent Constitution are to be treated as "existing laws", as defined in
clause (7) of Article 268 of the Constitution and will continue to be in force by virtue
of clause (1) of that Article. Under Article 241 of the Constitution also until the
Parliament makes a law under Article 240 of the Constitution governing such
persons, all rules and orders in force immediately before the commencing day are
to continue in force in so far as they are not inconsistent with the provisions of the
Constitution.

[Authority.- Law Divisions U.O. Note No. 763/75-Law, dated 13-5-1975].

12.3 Convention Between the Federal


Government and the Provincial
Governments Inter-Se Regarding
Terms and Conditions of
Deputationists

As a government servant on deputation retains a lien on the permanent


post in his parent office, he is ordinarily governed by the rules of the lending
government in matters of pay, leave, pension, etc., and continues to be under the
rule-making control of the lending government which has a right to recall him. The
lending government accordingly has a right to determine in consultation with the
borrowing government, the terms of his employment under the latter, and these
terms should not be varied by the borrowing government without consulting the
lending government.

2. A convention has been established between the Federal Government


and the Provincial Governments on the one hand, and the Provincial Governments
inter-se, on the other to the effect that no increase in pay or improvements in other
service prospects should be offered to any such officer without consulting the
lending government or department.

[Authority.- Ministry of Finance letter No.F.10(23)-E.G.II/48, dated 9-12-1948 and 10-6-1949].


446

12.4 Appointment of Provincial Government


Employees Against BPS 17 and Above
Posts Under the Federal Government

A question has arisen whether appointment to posts in BPS 17 and above


under the Federal Government by appointment through deputation of officers of
Provincial Governments are required to be approved by the competent authority in
the Federal Government and if so under which legal-provision.

2. According to section 5 of the Civil Servants Act, 1973 appointment to


civil posts in connection with the affairs of the Federation are made by the President
or by an officer authorised by him in this behalf. Under Rule 6 of the Civil Servants
(Appointment, Promotion and Transfer) Rules, 1973 made under the above
mentioned Act, 1973 the appointing authority for the posts in BPS 17 and above is
the Prime Minister. Therefore, according to section 5 of the Act read with Rule 6,
the approval of the Prime Minister is necessary for appointment to posts under the
Federal Government, but a doubt has arisen in the case of appointment of officers
belonging to Provincial Governments to posts under the Federal Government. The
Civil Servants Act, 1973 is applicable to civil servants vide sub-section (2) of Section
1 of the Act. According to definition of "civil servant" given in section 2 of the Act, a
person who is on deputation to the Federation from any Province is not a "civil
servant". The Civil Servants Act, 1973 does not, therefore, apply to cases of officers
of Provincial Governments who are appointed by deputation to posts under the
Federal Government. If this view is correct, the next question which arises is
whether Article 241 of the Constitution would be attracted in such cases. Our view
is that since no act has been made by the Legislature in respect of the officers
belonging to Provincial Governments who may be appointed by deputation to posts
under the Federal Government, the rules and orders which were enforced
immediately before the coming into force of the Constitution, will continue to be
applicable to such cases. This will mean that approval of the competent authority
as required under the Rules of Business, 1973 which were applicable before
coming into force of the Constitution should be obtained in such cases. Under
these rules, the approval of the President was necessary to first appointment to
Class I posts under the Federal Government. The President, in the present context
means the Prime Minister. The approval of the Prime Minister, or of the persons
authorised by him in this behalf, should therefore, be obtained before making
appointments of officers of the Provincial Governments to posts connected with the
affairs of the Federation. In other words, if the Civil Servants Act, 1973 is not
applicable to deputationists from the Provincial Governments, we are not left in void.
The law provides for the continuance in force of all previous rules and orders where
the Civil Servants Act, 1973 is not applicable.

3. The Law Division is requested for advice on the views of the


Establishment Division.

[Authority.- Estt. Divisions U.0.Note No.4/1/74-D.III, dated 8-5-1975]


447

12.5 Deputation of Officers/Staff in



Gilgit Baltistan of the Federation/
Provinces and Vice Versa

Government of Pakistan have decided that the officers/staff employed in


the *Gilgit Baltistan should be made interchangeable with comparable categories of
officers/staff working in other parts of the country, including the provinces. This
decision may kindly be brought to the notice of all concerned for information and
necessary action.

[Authority.- Estt. Divisions letter No.15/3/73-AV, dated 12-5-1973]

12.6 Bar Against Asking Officers by


Name for Posting in Corporations/
Autonomous Bodies

There is a growing number of cases where government servants have


approached the various Ministries and Divisions and have managed to obtain offers
by name for posting to the Ministry/Division concerned or to a corporation or
autonomous body under them. It has also come to notice that the corporations and
autonomous bodies negotiate directly with officers serving in other departments and
Ministries and ask for their release for posting with them. This procedure is neither
regular nor proper. The posts generally carry additional benefits like special pay,
deputation allowances etc. It is, therefore, not fair to confine selection to one or two
names which a Ministry/Division may specify. Other officers with requisite
qualification and experience with equal, if not better, record of service and senior to
those asked for are not considered simply because they do not happen to be known
to senior officers in the Ministry or Corporation wanting such officers.
2. The Establishment Division will not now entertain requests for
particular officers. This Division will be constrained to take disciplinary action against
a government servant, if it is established that he has secured offer through influence
or pressure. It is, therefore, requested that all Ministries and Divisions should
communicate their requirements to the Establishment Division specifying the
qualifications and experience etc. required for the incumbent of a post. The
selection of a suitable officer will be made by the Establishment Division from
amongst all those government servants who answer the required qualification and
experience etc. In making the selection, the Establishment Division will continue to
consult the referring Ministry. If there are any special considerations for which the
services of a particular officer are required, such requests should come at the level
of Secretary or Additional Secretary Incharge of Division and it should be clearly
explained why a particular officer is being asked for.

3. So far as corporations are concerned, the Establishment Division


propose to prepare panels of officers of various occupational groups in different

Previously Northern Areas.

Services to be added.
448

grades whose services may be lent to the corporations. All future postings to
corporations will be made out of these panels. Appointment will be made for a
period of at least two years during which the officer will not be eligible for
consideration for promotion in his parent department. Officers within the zone of
promotion will not, as far as possible, be included in the panels with a view to
obviating the possibility of dislocation in the work of the corporation in the event of
their recall on promotion by the Ministry concerned.
[Authority.- Estt. Secretary's D.O. letter No.4/l/75-A.R.C., dated 24-6-1975].

Sl. No. 13

Bar Against Allowing Officers to go on Deputation Against Lower Posts

It has come to the notice of the government that some Ministries/Divisions


allowed their officers to go on deputation to foreign service in Pakistan to posts
lower in emoluments and responsibility than what they had in the government. This
resulted in wasteful utilization of government officers, embarrassment to the officers
and difficulties in fixing their emoluments.

2. It has, therefore, been decided to request the Ministries/ Divisions that


they should not henceforth depute any of their officers to a post which is lower in
emoluments and responsibility than the one he is holding in his parent office.

[Authority.-Estt. Divisions O.M. No. 3/5/ 68-A.III, dated 19-3-1968].

Sl. No. 14

Benefit of Promotion in Parent Cadre while in Foreign Service

It appears that the position regarding promotion, in their parent cadres, of


government servants transferred to foreign service' [as defined in Fundamental
Rule 9(7)], and the benefit occurring to them from such promotion is not clear in
some quarters.

2. Cases of promotion, in their parent cadres, of government servants


who are transferred to foreign service and the emoluments admissible to them are
regulated by the provisions of Fundamental Rules 113 and 114 which fall in Chapter
XII of Section I of the Fundamental and Supplementary Rules, Vol. I, and not by the
proviso to the `next below rule' i.e., the second proviso below F.R. 30 which falls in
Chapter IV of those Rules and applies in cases of government servants serving
outside their ordinary line within government service.

3. According to F.R. 113, a government servant transferred to foreign


service remains in the cadre in which he was included in a substantive or officiating
capacity immediately before his transfer and may be given such substantive or

BPS.
449

officiating promotion in those cadres as the authority competent to order promotion


may decide, keeping in view the considerations mentioned in that rule. According to
F. R. 114, read with orders issued thereunder, which have been printed in Appendix
No. II to the Fundamental and Supplementary Rules, Vol. II, a government servant
transferred to `foreign service' in Pakistan shall, unless his duties in foreign service
involve a decided increase in work or responsibility in comparison with duties of his
post in government service, be allowed the same remunerations as he would have
received from time to time in government service but for his transfer to foreign
service. It follows from these orders that if a government servant who is on
deputation to foreign service is promoted in his parent cadre, he should, if he
continues to remain in foreign service, be allowed the remuneration which he would
have received in the higher post in government service to which he is promoted.
The higher remuneration would, of course, be payable by the foreign employer.

[Authority.- Finance Divisions O.M. No. F. 6(4)-R2/65, dated 9-2-1966].

14.1 Drawal of Rewards, Remuneration


and Other Concessions Not
Specifically Sanctioned

Government Order under F.R. 114 and para 1 of Appendix 11 to


Fundamental Rules, and Supplementary Rules, Vol. II provides that no government
servant shall be permitted to receive any remuneration or enjoy any concession
which is not specifically settled, and that if the sanctioning authority is silent as to
any particular benefit it must be assumed that it shall not be enjoyed.

2. Audit Instruction No. 2 below F.R. 114 reads that government


servants on foreign service cannot accept any reward or remuneration not covered
by the terms of their transfer to foreign service unless it is specially sanctioned
subsequently by the authority competent to sanction their transfer to foreign service.

3. It has come to the notice of the government that the above provisions
of the rules/instructions have not been followed by some of the autonomous/
semi-autonomous/statutory bodies. In flagrant violation of rules/instructions,
government servants on deputation to autonomous bodies etc. have been allowed
the services of Peons/Orderlies exclusively for residence, Chowkidar and servants
at the residence and transport exclusively for the deputationist without the
knowledge and sanction of competent authority. Government have taken serious
note of such irregularities. With a view to ensuring financial discipline, the Provincial
Governments and the autonomous bodies are requested to discontinue, forthwith,
such unauthorized concessions being enjoyed by the government servants on
deputation.

[Authority.- Finance Divisions O.M. No. 1(32)/ 69-A.III, dated 12-7-1969].

Naib Qasid.
450

Sl. No. 15

Recovery of Leave Salary and Pension Contribution in Respect of Federal


Government Employees on Deputation to Foreign Service within Pakistan or
Abroad

In accordance with Fundamental Rule 116, the rates of contributions
payable on account of pension and leave salary shall be such as the President may
by general orders, prescribe. The existing rates are contained in Appendix 11-A,
FRs and SRs Vol.II. The question regarding revision of the rates and mode of
recovery etc., of leave salary and pension contributions has been engaging the
attention of the government for some time past. It has now been decided to
prescribe a uniform rate of recovery of pension contributions at 33.33% of the mean
of minimum and maximum of the pay scale of the **grade held by the government
servant concerned at the time of his proceeding on foreign service, plus other
emoluments (reckonable for pension) which would have been admissible to him
had he not been deputed on foreign service. The above prescribed rate of pension
contribution shall apply to all Federal Government employees whether on
deputation to foreign service within Pakistan or abroad.
2. In future, the pension contributions in all cases shall be payable by the
foreign employers. However, in the case of government servants presently on
deputation to foreign service*** within Pakistan or abroad, pension contributions shall
be paid by the foreign employers or the government servants concerned, as the
case may be, according to the agreed terms of deputation.
3. As regards leave salary contributions, it has been decided that no
leave salary contributions shall be recovered from foreign employers, but
leave/leave salary shall be sanctioned/paid during the period of foreign service by
the foreign employers. The Federal Government employees sent on deputation to
*foreign service who, under the revised procedure, are granted leave and paid leave
salary by the foreign employers, shall not count the period spent on foreign service
for earning leave under the Government of Pakistan.
4. These orders shall take effect from 01-01-1982. Formal amendments
to the relevant rules shall be issued separately.
[Authority.- Finance Divisions O.M. No. F. 5(5) Reg.7/79-1407, dated 15-12-1981].

15.1 Procedure for Recovery of Leave


Salary and Pension Contributions
According to the procedure laid down in Part VI of Appendix 3 of FRs and
SRs, Vol. II, a copy of the orders sanctioning a government servant's transfer to

Recovery of Leave Salary and Pension contributions may be made as per revised rates as
amended from time to time.

BPS.
*** Deputation
451

foreign service should always be communicated to Audit and Accounts Officer


concerned. The terms and conditions of foreign service and other detailed
particulars regarding pay to be drawn in foreign service are required to be furnished
to the Audit and Accounts Officer so that the rates of monthly leave salary and
pension contributions are intimated to foreign employer, the government servant
concerned and his department. Any promotion or reversion in the parent
department is also to be reported to the Audit and Accounts Officer concerned. The
contributions paid into the government account are accounted for by the Audit and
Accounts Office and recoveries in individual cases are watched.
2. It has come to the notice of the Finance Division that in several cases
the orders of transfer of a government servant on foreign service do not reach the
Audit and Accounts Office concerned or, if received, the terms and conditions and
other particulars are not given therein. Consequently, the rates of monthly
contribution cannot be intimated by the Audit and Accounts Office to the foreign
employer and the government servant concerned, with the result that the
contributions are not deposited promptly and regularly. There have been many
cases in which the government servants completed their tenure of foreign service in
Pakistan or abroad and returned to their parent department without depositing the
leave salary and pension contributions due to the reason that the Audit and
Accounts Office concerned is not informed in time about their transfer on
**foreign service. The required particulars are not furnished by the department to
the Audit and Accounts Office and consequently the latter are not in a position to
intimate the rates of monthly contributions resulting in their non-deposit. In case of
deputations abroad, loss of foreign exchange is suffered by government if the
pension contribution is payable by the government servant and he returns to
Pakistan on completion of his tenure without depositing the contribution for the
reason that the amount was not intimated to him in due time.

3. In view of the position stated above, all Ministries/Divisions are


requested to ensure that in future all sanctions regarding the deputation on foreign
service are invariably addressed to the Accounts Offices concerned. While
sanctioning the transfer of a government servant on foreign service, the monthly
rates of leave salary and pension contribution should be invariably indicated in the
sanction. The rates so indicated by the departments concerned may be
provisionally adopted for depositing the contributions promptly and regularly every
month till the final rates are intimated by the Audit and Accounts Offices on receipt
of which the excesses/deficiencies, if any, can be adjusted. The Audit and Accounts
Officers will check the accuracy of the rates and watch the recoveries of the
contributions and their proper accounting in the government accounts.

[Authority.- Finance Divisions O.M.No.F.5(5) Reg.7/77-1082-(2), dated 28-2-1980].

Note.-Under the latest orders no leave-salary contributions are recoverable from the foreign
employer/government servant.
** Deputation.
452

15.2 Recoveries of Dues from Government


Servants in Foreign Exchange

A reference is invited to the Finance Division O.M. No. F. 1(8) EF (B.


II)/76-2720 dated the 14th July, 1976. It is stated that the question of recoveries
from government servants due in foreign exchange has been re-examined in
consultation with the Ministry of Law. The position is that the government is legally
entitled to recover the exact amount in the currency in which the overpayment was
made or the dues became recoverable. It has, therefore, been decided that if the
overpayment was made or dues became recoverable in a particular currency, the
recoveries should be made in that currency or in equivalents of US dollars
according to the rate of exchange between that currency and the US dollar on the
date of recovery. If, for any reason, such as posting in Pakistan on retirement, etc.
recoveries cannot be effected in foreign exchange these can be effected in
Pakistani rupees. However, since permission to pay such dues in local currency is
in fact permission to purchase foreign exchange for refund to government the rate
of exchange applicable in such cases shall be the rate prevailing on the date on
which such recoveries are actually effected. Finance Division's O.M. dated the 14th
July, 1976 quoted above may please be deemed to have been modified accordingly
with immediate effect.

[Authority.- Finance Divisions O.M.No.F.1(8)EF (B.II)/80-2689, dated 18-12-1980].


453

II. (B) TRANSFER TO FOREIGN SERVICE


OUT OF PAKISTAN: DEPUTATION

Sl. No. 16

Receiving or Soliciting Direct Offers of Appointment from Private


Firms/Organizations

It has been noticed that some government servants are directly receiving or
soliciting offers of appointment from private firms/organisations based in foreign
countries and are seeking government clearance for accepting such offers on
deputation basis. This practice, which is on the increase, is against Government
Servants (Conduct) Rules, 1964. It is obvious that in all cases of this nature, the
government servants while still in government service, had established contacts
with the private firms/ organisations offering the appointment. This tendency has to
be curbed because it is quite possible that the firm/organization, offering the
appointment to the government servant concerned, may be doing so in
consideration of some favour done to the firm by the government officer concerned.
It has, therefore, been decided that any government servant receiving such an offer
of employment from a private firm/organisation abroad will not, in future, be allowed
to go on deputation. He will have to resign from government service before he is
allowed to accept the appointment with a private firm/organisation based in a
foreign country.

2. These instructions, however, do not affect the offers of appointments


or submission of applications against vacancies announced by foreign governments
or international agencies. The existing procedure prescribed in such cases will
continue to be observed and the relevant cases should be sent for approval to the
Special Selection Board in the prescribed manner.

[Authority.- Estt. Divisions O.M. No.1/23/ 66-T.IV, dated 6-10-1977].

16.1 Adequate Circulation of Vacancy Notice


View of Special Selection Board

Extract from the minutes of the meeting of the Special Selection Board is
reproduced below :-

"The Special Selection Board was of the view that in cases where
nominations against senior posts were called for, the sponsoring
Ministries/Divisions should bring the offers to the notice of the
concerned Ministries/Divisions at the level of the Secretary/Joint
Secretary."
454

2. It is requested that Ministries/ Divisions concerned may kindly take


necessary action in the matter as indicated above as soon as job descriptions are
received by them.

[Authority.- Estt. Divisions O.M. No. 1/103/ 71-A.VII, dated 30-10-1971].

16.2 Decisions by Special Selection Board

The following decision of the Special Selection Board taken in its meeting
held on 24th July, 1977 is conveyed for necessary compliance:-

Whenever a Ministry/Division receives a vacancy notice from any


international organization, it may be adequately circulated among the
concerned agencies and all the applications received be forwarded to the
Establishment Division for SSB's approval with clear recommendations.

[Authority.- Estt. Divisions O.M.No.1/23/66-A. VII/T.IV, dated 6-8-1977].

16.3 Circulation of Vacancy Notices

Despite the instructions contained in the Establishment Division's O.M. No.


1/23/66-T.IV, dated the 23rd June, 1977, instances of inadequate circulation of
Vacancy Notices received from various international/regional organizations are on
the increase. In future all Vacancy Notices may please be circulated to all the
Ministries/Divisions concerned and Provincial Governments and copies of all such
notices endorsed to the Joint Secretary (Training), Establishment Division,
Rawalpindi.

[Authority.- Estt. Divisions O.M. No. 1/23/ 66-T.IV, dated 16-4-1978].

16.4 Circulation of Job Descriptions

It has been observed that the job descriptions of various posts received
from the international organizations are not being circulated properly amongst the
Ministries/Divisions concerned and the Provincial Governments. It has also been
noted that, in many cases, the nominees are not qualified for the jobs. It has,
therefore, been decided that in future the Ministries/Divisions should;

(i) circulate the vacancy announcements amongst the Ministries/


Divisions concerned and Provincial Governments well in time;

(ii) nominate only those officers who are properly qualified for the
jobs;

Cabinet Block, Islamabad.


455

(iii) nominate, at least, three candidates for each job to enable S.S.B.
to pick up the best suited candidates; and

(iv) to ensure adequate circulation of job descriptions, the Ministries/


Divisions receiving vacancy announcements direct from internatio-
nal organizations should send the copies of their circulars to
Economic Affairs Division and Establishment Division indicating the
Ministries/Divisions to whom the particular job is being circulated.

[Authority.- Estt. Divisions O.M. No. 4/3/80-T.IV, dated 18-8-1980].

Sl. No. 17

Functions of the Special Selection Board

The following decisions taken in the Special Selection Board's meeting held
on 13th October,1977 are conveyed for information and compliance:-

(i) All cases of postings of non-Foreign Service officers in Pakistan's


missions abroad like Commercial Secretaries, Educational Attaches,
Labour Attaches, Information Officers, etc. (excluding Intelligence
and Defence personnel) should be referred to the Establishment
Division for clearance of Special Selection Board ;

(ii) The cases of deputation of government servants to international


agencies and foreign governments should, as before, be referred
to the Special Selection Board for clearance. However, no such
case will be entertained in which the officers have been received
by government officers direct. Only such nominations will be
entertained as are received by the Ministries/Divisions through proper
channel.

2. It is requested that strict compliance of the foregoing instructions


may please be ensured. Any instructions issued by a Ministry/Division or the
Provincial Governments which are not in conformity with the above decisions should
please be treated as cancelled. Proposals which do not conform to the revised
procedure stated above will be returned to the sponsoring Ministries/Divisions
unapproved.

[Authority.- Estt. Divisions O.M. No. 1/23/66-T.IV, dated 26-10-1977].

Community Welfare Officers.


456

17.1 Procedure for Submission of Cases to S.S.B

It has been noticed that incomplete cases are being forwarded by the
Ministries/Divisions to the Establishment Division viz. Economic Affairs Division
which results in delay.

2. Ministries/Divisions are requested to send cases complete in all


respect to this Division through Economic Affairs Division with the following
documents:-

(1) Biodata ......... 6 copies


(2) Job description ......... 6 copies
(3) Summary Statement
(Proforma attached-
Annex).......... 6 copies
(4) Sparability certificate
(signed by the Secretary
of Division/Head of
Department........
(5) C.R. dossier complete with
photograph of the officer
thereon...........

[Authority.- Estt. Divisions O.M. No.1/23/80-T.IV,dated 18-7-1981].

(ANNEX)

SUMMARY STATEMENT PROFORMA

Name Name Job Qualification Name of Qualifications Training Experience Whether


of of Inter- Descrip- Required by Officer of the Officer Attached or not
Post national tion in the Inter- Nominated Nominated Released
Organi- Brief national Certificate
zation Organization

1 2 3 4 5 6 7 8 9
457

17.2 Sparability Certificate

The following instructions were issued vide Establishment Division's letter


No. D.1700/79-T.IV, dated 17th November, 1979 :-

"The Establishment Division controls Pakistan Administrative


Service, Tribal Areas Group, Secretariat Group, Police and Office
Management Group(s) and all service matters of officers of these
groups are being dealt with by this Division. It has, therefore, been
decided that the Establishment Division will be the final authority to
determine the sparability of officers of the above mentioned groups
for jobs within or outside Pakistan. The Ministries/Divisions
concerned would, of course, be provided a substitute of equal
ability.

2. It has been observed that sparability certificates are not issued in


accordance with the aforesaid instructions. The Special Selection Board is,
therefore, unable to consider such cases with the result that they get delayed and
the facilities lapse. To avoid such situations, it is requested that it may please be
ensured that the sparability certificates of candidates for deputation to foreign
government/international agencies belonging to the above mentioned groups are
issued strictly in accordance with the instructions contained in letter No. D.1700/79
T.IV dated the 17th November, 1979.
[Authority.- Estt. Divisions O.M. No. D. 1700/79-T.IV, dated 6-10-1981].

17.3 Requirement of Second Approval by S.S.B

The Special Selection Board in its meeting held on 28th July, 1981 decided
that the candidates once approved by it for a job in an international organization will
require fresh approval of the Board if they intended to apply subsequently for a
similar job in any international organization.

[Authority.- Estt. Divisions O.M. No. 1/221/ 80-T.IV, dated 5-9-1981].

17.4 Clearance for Posting Abroad or on Deputation

The President has been pleased to direct that all government personnel
being posted abroad on government appointments or on deputation with other
agencies whether they are members of any service group or are professional such
as educationists and scientists will have to be cleared by the intelligence agencies
before they proceed to take charge of their assignments. The names of such
persons will be forwarded to the D.I.B., ten to twelve weeks before they are
scheduled to leave. The individuals will be sent abroad only when clearance has
been obtained from the Intelligence Bureau.

Previously District Management Group.

Police Service of Pakistan.


458

2. It is requested to ensure that the above instructions are enforced


strictly with immediate effect and government servants under administrative control
of Ministries proceed abroad only when they have been cleared by the Intelligence
Bureau.

[Authority.- Estt. Secretary's D.O. letter No.1/102/83-I-IV, dated 18-7-1983].

Sl. No. 18

Standard Terms and Conditions of Service for Government Servants Who


Proceed for Service Abroad

In supersession of this Division's letter of even number dated the 23rd


November, 1970, on the subject noted above, the decision of the President is that
the government servants who proceed for service abroad, whether in government
or in private sector, will be allowed the following terms and conditions for the period
of their deputation:-

(1) The period of deputation will be treated as foreign service and will
commence from the date of release from the Central Divisions/
Provincial Departments and will terminate on the date of resumption
of duty under the *Central/ Provincial Government.

(2) During the period of foreign service, the person concerned will be
entitled to pay allowances and travelling facilities (including passage
for himself and his family to the place of employment under the
borrowing government and back on termination of the contract) in
accordance with the regulations of or the terms and conditions offered
by the borrowing government.

(3) The person concerned shall, during the period of his foreign service,
pay to the Government of Pakistan through the Pakistan Mission in
the borrowing country, in foreign currency in which he receives his
salary from the foreign employers, pension contribution in accordance
with the relevant rules of and at the rate prescribed from time to time
by Government of Pakistan. On delayed payments of these
contributions, interest shall be payable under S.R. 307. Till such time
as the rates of pension contribution are ascertained and intimated by
the Audit Office concerned the person concerned shall provisionally
pay pension contribution in foreign currency on the basis of the

length of his service at the rate given in Appendix No.11-A to the
F.R. and S.R. Vol.-II.

Federal.

Note.- For latest orders see Finance Div.s O.M.No.F-5(5)Regs 7/79-1407, dated 15 12-1981.

Note: The rates of pension contributions may be made as per revised rates as amended by
Finance Division from time to time.
459

(4) During the period of foreign service, the person concerned will
continue to subscribe to the G.P. Fund or any other Fund of the same
nature of the *Central/Provincial Government according to the rules
and orders regulating subscription to that Fund. The amount of
subscription is payable in foreign exchange and he shall remit the
necessary amount in foreign exchange every month to a scheduled
bank in Pakistan which shall pay to the Accounts Officer the rupee
equivalent thereof at the official rate of exchange on the basis of his
pay which would have been admissible to him in government service,
but for his transfer to foreign service.

(5) The leave terms of the person concerned during the period of his
foreign service will be regulated according to the rules of or the terms
and conditions offered by the borrowing government. Leave salary
due in respect of such leave will be payable by the borrowing
government to the person concerned. No part of the leave earned by
him during the period of foreign service will be credited to his leave
account with the *Central/Provincial Government, nor will any liability
in respect of leave salary on account of such leave devolve on the
government. The *Central/Provincial Government will not recover any
leave salary contribution from the borrowing government. The person
concerned will also not be entitled to receive any leave salary, from
the *Central/Provincial government in respect of disability arising in
and through foreign service with the borrowing government.

(6) During the period of foreign service, the person concerned will not be
entitled to receive any leave salary from Central*/Provincial
Government in respect of disability leave on account of any disability
arising in or through foreign service, even though this disability might
manifest itself even after the termination of foreign service.

(7) During the period of foreign service, the person concerned will not be
entitled to any medical facility in respect of himself and family
members at the expense of the Central*/Provincial Government.

(8) The person concerned shall be on deputation with the borrowing


government for the period originally agreed upon. Any extension
beyond the original period of deputation shall not be made without the
approval of the Government of Pakistan. Any extension without the
approval of the Government of Pakistan will be treated as an
irregularity on the part of the person concerned and may call for
disciplinary action.

Federal.
460

(9) Further, if the person concerned during the period of his deputation
becomes entitled to any additional benefit, or is appointed to any post
involving alteration in his emoluments, he will intimate particulars of
such appointment to the Government of Pakistan for information. Any
modifications of the terms involving additional liabilities on the
government will require their prior approval.

(10) The person concerned shall retain his lien if he is holding a


permanent post, or if allowed by the Department/Division, as a special
case.

2. In the case of government servants who are already on deputation


abroad, sanctions already issued should be amended particularly in the light of
sub-paras (4) and (5) of the preceding para, under intimation to the government
servant and the Accounts Officer concerned.

[Authority.- Labour and Local Bodies Division's letter No. 15-1 (18)/70-EI, dated 1-3-1973].

18.1 Maximum Period of Employment Abroad

It has been decided that government servants who have gone abroad on their
own and are in employment with private bodies on contract terms may be allowed to
remain abroad till termination of their contract period provided that their total period of
foreign employment does not exceed 5 years. Such government servants should
submit copies of their contract/documents, duly authenticated, through the Pakistan
Missions concerned to their administrative Ministries so that their liens may be
maintained and they may now be required to return by the 30th June, 1978.

2. In this connection, attention of all concerned may be invited to


Fundamental Rule 18 which lays down that unless the President, in view of the special
circumstances of the case, shall otherwise determine, after 5 years continuous
absence from duty, elsewhere than on foreign service in Pakistan, whether with or
without leave, a government servant ceases to be in government employ. It would
therefore be in their own interest if the government servants who are serving abroad
on their own with private organizations or on foreign service terms ensure that the
period of 5 years continuous absence from duty in Pakistan if not exceeded without
proper government sanction.

3. The Ministries and Divisions are requested to review immediately the


cases of the government servants under their administrative control who have been
continuously absent from their duty owing to their employment with organizations
outside Pakistan either on their own or on foreign service terms and take steps to
ensure that those who have completed 5 years period return immediately to their duty
in Pakistan failing which they shall cease to be in government employ under F.R. 18
except where their absence in excess of 5 years is covered by proper government
sanction or where they are bound by some terms of contract which should be
461

produced by them. In the latter cases, the Ministries/Divisions concerned may take
action to obtain government sanction in terms of F.R. 18 to cover the period
exceeding 5 years.

[Authority.- Estt. Divisions O.M. No. 1/23/ 66-T.IV, dated 24-6-1978].

18.2 Option of Premature Retirement


by Deputationists Abroad

Reference Establishment Division Office Memorandum No. 1/8/74-AVII/


T.IV, dated the 24th September, 1974. In modification of the instructions issued in
that Office Memorandum, it has been decided that government servants who have
completed five years abroad and have not completed 25 years of service should be
asked to return to Pakistan. Government servants who have completed 25 years of
service qualifying for pension may opt for retirement from service in Pakistan if they
wish to continue in international agencies beyond the prescribed tenure of five
years.

[Authority.- Estt. Divisions O.M. No.1/8/ 74-A.VII/T.IV, dated 3-12-1974].

18.3 Extension in Deputation


Decision by Special Selection Board

The following decision of the Special Selection Board taken in its meeting
held on the 24th July, 1977 is conveyed for necessary compliance:-

(i) xxxx xxxx xxxx


(ii) All the cases of extension be referred to the Establishment Division
and where the administrative Ministries think that extension should
not be granted, they may make the recommendations but should
obtain the approval/decision of the Special Selection Board/
Establishment Division invariably in all cases.
(iii) All extensions upto 5 years may be liberally recommended but
beyond 5 years no extensions should be recommended.

[Authority.- Estt. Divisions O.M. No.1/ 23/ 66-A-VII/T.IV, dated 6-8-1977].

18.4 Deputation Against Pakistani Posts Abroad

It has been observed that the officers going on deputation abroad against
Pakistani posts stay abroad beyond the tenure fixed for the posts in question. They
ask for extension on various grounds and sometimes put pressures for extending
their tenure. The government has taken a serious view of the prevailing situation
and has decided that the Ministry/Division concerned will, in future, automatically
move the case for recall of the officer 6 months before completion of his normal
462

tenure and submit a panel of names for consideration of the Special Selection
Board to enable the latter to select a suitable person to succeed the officer already
abroad.
[Authority.- Estt. Divisions O.M.No.1/23/ 80-T.IV, dated 20-8-1980].

18.5 Deputation Against Pakistani Posts


Abroad Proposal for Replacement

In continuation of the Establishment Division's O.M. No. 1/23/80-T.IV, dated


20th August, 1980, it is reiterated that a proposal for replacement of an officer on
deputation should be initiated six months before his tenure is due to expire. In case
an officer is promoted during his deputation abroad and has more than six months
of his tenure left, he should be given a notice of six months to return and join his
new post.

[Authority.- Estt. Divisions O.M. No. 1/23/80-T.IV, dated 23-9-1980].

18.6 Extension in the Deputation of


Officers Posted in Pakistan
Missions Abroad

Reference Establishment Division O.M. No. 1/23/80-T. IV, dated 23rd


September, 1980 on the subject. It is stated that the period of deputation of non-
diplomatic officers posted in Pakistan Missions abroad should not be more than 3
years.

2. According to the current practice, while deputation of these officers is


approved by the Special Selection Board and the Prime Minister, the extensions in
their deputation period are being granted by the Ministries/Divisions concerned
themselves. It has, however, been noticed that a number of officers have been
holding these posts for more than 3 years and requests for extensions beyond their
normal tenure are not uncommon. To maintain uniformity in granting extensions to
the officers posted against Pakistani posts abroad, it has been decided that
extension for a period of one year may continue to be allowed by the Ministries/
Divisions in deserving cases. However, cases involving extension beyond one year
should henceforth be put up to the Special Selection Board for decision.

[Authority.- Estt. Divisions O.M. No.1/97/ 83/T.IV, dated 26-3-1986].

Sl. No. 19

SOPs for Recalling of Officers Posted on Deputation against Pakistans


Positions Abroad.

As per standing instructions circulated vide Establishment Divisions


O.M. No.1/23/80-T-IV dated 20-08-1980 and O.M No.1/97/83.T-IV dated
26-03-1986. It is observed that the controlling Ministries/Divisions in disregard to
463

the above instructions do not process cases of recalling of /and or granting


extension to officers on deputation to Pakistans positions abroad well in time
resulting in inordinate delays and lapses. Besides, most of the cases of extension
beyond one year are referred to the Special Selection Board (SSB) at the
eleventh hour by the Ministry/Division concerned and they also fail to select a
substitute for the said post within the stipulated time. The Prime Minister has
taken a serious view of such delays/negligence and it has therefore been decided
to direct the administrative/controlling Ministries/Divisions that the following
standard operating procedures with regard to recalling of and or granting
extension to officers on deputation to Pakistans position abroad shall be strictly
observed to avoid such failures in future:

i. The normal tenure of posting in Pakistan Missions abroad


deputation against permanent seats of Pakistan in International
Organizations shall be three years.

ii. No Ministry should extend the period of deputation invariably all such
cases where an extension in deputation is essential or required
under any specific circumstances should be referred to SSB at least
08 months before the end of tenure. The SSB shall consider the
request on merit and furnish its recommendations for orders of
Prime Minister within 30 days. No extension shall be allowed without
Prime Ministers approval irrespective of pay scale of the
deputationist.

iii. The parent/administrative/controlling Ministry/Division shall both


issue a recall notice at least 06 months prior to the end of tenure
and also start the process of selection of replacement. Failure to do
either of the two things shall be considered a failure of the Secretary
of the Ministry/Division concerned.

iv. Medical reasons/study of children abroad should not be considered


a justification for extension.

v. The parent Ministries/Divisions will remain vigilant regarding tenure


and recalling of their officers on deputation abroad. In case no
reference for extension is received or the request of the controlling
Ministry/Division for extension has not been consented, as the case
may be, the parent Ministry/Division will issue a recall notice to the
officer at least six months before expiry of the normal period of
deputation.

vi. Such recall notices in respect of officers belonging to Pakistan


Administrative Service (PAS), Police Service of Pakistan (PSP),
Secretariat Group and Office Management Group will be issued by
the respective wings of the Establishment Division holding
464

administrative control of these service groups/cadres at least six


months before expiry of the normal period of deputation.

2. Failure to observe these procedures or non-compliance of the


standing instructions on the subject shall render the officers concerned of the
Ministries/Divisions/Departments liable to disciplinary action under the
Government Servants (Efficiency & Discipline) Rules, 1973.

3. Ministries/Divisions Provincial Governments are directed to bring


the above instructions to the notice of all concerned for strict compliance.
[Authority: Establishment Divisions O.M. No.1/9/2004-T-IV dated 17-09-2014].

Sl. No. 20

Deputation of Pakistanis in International Organisations as Short-Term


Consultant

Officers of the Government of Pakistan/Provincial Governments are


sometimes engaged by international organisations as Consultants and paid
consultancy fee plus other benefits. Under SR-12, they are required to deposit 1/3rd
of the fee into General Revenues. It has, however, been noticed that these
instructions for crediting portion of the fee to government are not being followed by
the Ministries/Divisions and Provincial governments in the case of consultancies
abroad. The Ministries/ Divisions are requested to apply the provisions of SR-12
strictly when officers go abroad as Consultants.

[Authority.- Estt. Divisions O.M. No. 1/27/80-T.IV, dated 13-4-1980].

20.1 Consultancy Assignments

Consultancy Assignments. The Special Selection Board has further


simplified the procedure for consultancy assignments to the following extent:-

(i) consultancy may be allowed for a period not exceeding six months
during the five years cycle;

(ii) one consultancy should not be for more than 90 days;

(iii) the Establishment Division may consider any relaxation with regard to
(i) & (ii) on case to case basis and recommend to the competent
authority, if deemed appropriate; and

(iv) all the cases of consultancies relating to officers in BPS 17-22 will be
put up to the Prime Minister for approval.
[Authority: Estab. Div.s OM No. 1/8/81-T-TV, dated 13th June, 1996]
465

20.2 Procedure for Deposit of Consultancy Fee

Reference.- Establishment Divisions O.M. No. 1/27/80-T. IV, dated 13th


April, 1980.

2. It has further been decided by the Special Selection Board that a copy
of the letter sanctioning terms and conditions of the officers (including the condition
that one third of the fee/ remuneration may be deposited into the General
Revenues) may be endorsed, in future, to the AGPR and Accountants General of
the Provinces in the case of federal and provincial employees respectively as well
as to the Pakistan Embassy in the country where the officer is taking up the
consultancy. One copy should also be sent to the Training Wing, Establishment
Division.

[Authority.- Estt. Divisions O.M. No. 1/27/80-T. IV, dated 22-9-1980].

Sl. No. 21
Policy Concerning Promotion of Civil Servants on Deputation Abroad

A civil servant, if selected for appointment in any international agency,


foreign government or private organization abroad, is permitted to go on deputation
for a period of 3 years extendable to 5 years on the request of the deputationist or
his employer. After expiry of the approved period of deputation, the deputationist is
required to come back and resume duty in the country.

2. While on deputation abroad, a civil servant was considered for


promotion in accordance with his seniority position but actual promotion took place
after he resumed duty on return to Pakistan. This enabled such civil servants to
regain their seniority vis--vis their juniors on actual promotion. Experience has
shown that despite promotion, these officers seldom return even on completion of
their approved deputation period. By the time they return, many officers have lost
their utility and experience relevant to service needs. Promoting such officers
immediately on return may not, therefore, be in public interest.

3. It has, therefore, been decided with the approval of the President


that:-
(i) Promotion of a civil servant on deputation to an international agency,
foreign government or private organization abroad will only be
considered after he resumes duty on return to Pakistan.
(ii) Such officers may be given timely intimation to return so that they can
earn at least one annual confidential report before their cases come
up for consideration in accordance with their seniority position.
(iii) If an officer returns, his case will be considered for promotion in the
normal course. If he does not return in response to such intimation,

Now Performance Evaluation Report (PER).


466

his case will be deferred till he returns to Pakistan on completion of


5 years and earns a *confidential report on his work for one full year
after resuming duty. If approved for promotion, he will regain his
original seniority.
4. Government may allow an officer to continue against his assignment
abroad even after the expiry of 5 years on the request of the officer or his employer.
However, in all such cases, the officer's names will be removed from the existing
Seniority List and placed on a separate Static list with no claim to promotion or to
seniority over any junior who may be promoted during this period. An officer's name
would be brought back on the Seniority List only after he resumes duty on return. In
such cases also, the officer must earn a *confidential report for one full year before
he is considered for promotion. If approved for promotion he will not regain his
seniority. He will be assigned seniority in the higher post only from the date he
assumes its charge.
5. All Ministries/Divisions are requested to bring the above instructions to
the notice of all civil servants already serving on deputation abroad and those
allowed to proceed on deputation in future.

[Authority.- Estt. Divisions O.M.No.10 (3)/ 81-CP.I dated 25-6-1984].

21.1 Policy Governing Civil Servants


on Deputation Abroad
The Cabinet in its meeting held on 17.4.1989 took the following decision on
the summary submitted by Manpower and Overseas Pakistanis Division:-
"A maximum of 20% of Government servants in all grades will be allowed
to take up overseas employment. For this purpose the Government
servants would be required to leave their jobs and would not be allowed to
retain lien on their appointments. This may be considered for appointment
on their return, if vacancies in the relevant **grades are available".
2. The deputation abroad covers the following categories:-
(a) deputation of officers from Government of Pakistan to a foreign
government.
(b) deputation of officers from Government of Pakistan to international
organizations/agencies; and
(c) employment of government servants in private organizations/
agencies at their own.
3. It is informed that officers coming under categories (a) & (b) at para 2
above would continue to be governed by the existing policy on the subject issued
vide Establishment Division's O.M. No. 10/3/81.CP.I, dated 25.6.1984. The new
* Performance Evaluation Report.

BPS.
467

policy will only apply to the cases covered by para 2 (c) i.e. government servants
who take up overseas employment in private organizations/agencies on their own,
would have to leave their jobs without any lien on their appointments in Pakistan.

4. The decision contained in this O.M. will come into force with
immediate effect and will not effect the cases decided prior to its date of issue.

5. The above decision of the Cabinet may be widely circulated to all


concerned.

[Authority.- Estt. Divisions O.M. No.1 (91)/89-T.IV, dated 17-5-1990].

21.2 Size of Family Members of Serving


Personnel Selected for Secondment
Abroad

Reference Ministry of Defence U.O. No.2/1/D-17/2000/3519/ Secy, dated


April 24, 2000 and the meeting of Joint Chief Staff Committee held on January
25, 2000, on the above subject. The competent authority has been pleased to
approve the following:-

1. Individuals already selected for secondment abroad on the process


of departure and having more than 4 children be given an option to
either proceed abroad without family or their names be excluded
from secondment (a certificate to be rendered to this effect by the
selected individuals).

2. No part families will be permitted for secondment abroad.

3. For uniform government policy on the subject at national level, the


decision would be implemented in all government departments.

4. The decision of Joint Chief Staff Committee shall not apply to:-

(a) Offices of Pakistan Foreign Service, who shall be exempted


from the above as an exception.

(b) Government servants on deputation/employment abroad with


international organizations/foreign governments where no
funds of Government Pakistan are involved.

[Authority:- Estt. Div.s O.M. No.5/1/2000-T.IV, dated 23-8-2000]


468

21.3 Size of Family Members of Serving


Personnel Selected For Secondment
Abroad

In continuation of Establishment Divisions O.M. of even number dated


August 23, 2000 on the above noted subject, it is stated that the competent
authority has been pleased to approve the following amendment in the
aforementioned O.M.:-
For: No part families will be permitted for secondment abroad.

Read: No part families will be permitted for secondment abroad, except


families having non-dependent children i.e. boys enrolled/
serving in the armed forces or pensionable government jobs and
girls married and living with their husbands
[Authority:- Estt. Div.s O.M.No.5/1/2000-T.IV, dated 4-11-2000]

21.4 Deputation Abroad Beyond


Five Years and Placement
in Static List

Refer to the Establishment Division O.M. No. 10(3)/81 CP.I, dated 25th
June, 1984 regarding policy governing civil servants on deputation abroad.
2. Till recently, government servants on deputation to international
organizations and foreign governments were required to come back after spending
five years of their deputation abroad. This policy has been reviewed and, in
accordance with para 4 of the O.M. referred to above, government servants can
stay abroad beyond 5 years under certain conditions. The relevant provision of the
policy is reproduced below:-

"Government may allow an officer to continue against his


assignment abroad even after the expiry of 5 years on the request
of the officer or his employer. However, in all such cases, the
officer's name will be removed from the existing Seniority List and
placed on a separate Static List with no claim to promotion or to
seniority over any junior who may be promoted during this period.
An officer's name would be brought back on the Seniority List only
after he resumes duty on return. In such cases also, the officer
must earn a confidential report for one full year before he is
considered for promotion. If approved for promotion, he will not
regain his seniority. He will be assigned seniority in the higher post
only from the date he assumes its charge".

3. It is, therefore, requested that cases of government servants, who


wish to stay abroad beyond five years, may kindly be processed accordingly.

[Authority.- Establishment Secretary's D.O. letter No.1/40/83-T.IV, dated 24-3-1985].


469

Sl. No. 22

Publicity of Vacancies in International Agencies, Foreign Governments and


Private Organizations

With reference to the Establishment Division Office Memorandum of even


number dated 25-6-1984, it is stated that some civil servants serving abroad on
deputation with various international agencies, foreign governments or private
organizations have complained that sufficient publicity has not been given to the
policy contained in Establishment Division Office Memorandum under reference.

2. All Ministries/Divisions were requested vide para 5 of the


Establishment Division's Office Memorandum dated 25-6-1984 to bring the
instructions on the subject to the notice of civil servants already serving on
deputation abroad and those allowed to proceed on deputation in future. This may
please be ensured.
[Authority.- Estt. Divisions O.M. No.10(3)/81-CP.I(A). dated 19-5-1985].

22.1 Size of Family Members for


Secondment Abroad

In continuation of this Divisions O.M. of even number dated 23-8-2000


and 04-11-2000 on the above subject, it is stated that the competent authority
has been pleased to approve the following:-

(a) The family of the official who proceeds abroad single, will be
allowed to retain government accommodation in Pakistan during
the period of secondment abroad subject to the condition that the
official will not have accommodation on government expense at
two stations i.e. in Pakistan as well as outside Pakistan; and

(b) There is no objection to the members of the families proceeding


abroad at their own expense. However, no part families will be
permitted.

2. These instructions may please be circulated for strict compliance.


[Authority:- Estt. Div.s O.M.No.5/1/2000-T.IV(Z), dated 27-8-2001]

22.2 Deputation of Defence Officers


in Civil : Requisition by Name

Reference the instructions regarding above subject issued by the


Defence Division vide their U.O.No.F.2/84/D-24/88, dated 23.12.2000 and
F.2/33/D-24(C-IV)/88, dated 24.10.88. Despite the above instructions there has
been an increasing tendency of requisitioning services of officers of the armed
forces by name. Ministries/Divisions are, therefore, requested that in future
services of armed forces officers in civil departments shall not be requisitioned by
470

name. Further, for processing of cases of such nature in future, the following
guidelines shall be observed:-

(i) When services of personnel of the armed forces are required for
posting against any civil post, the proposal to this effect shall be
forwarded by the respective Ministry/Division to the Ministry of
Defence indicating the post with BPS/pay and allowances job
description and the period for which the services are required (copy
of the same shall also be forwarded to the COS to the Chief

Executive for information).

(ii) Defence Division, in consultation, with the concerned Services HQ


and with the approval of the COAS shall forward the panel of
officers of armed forces to the Ministry/Division concerned who will
make selection of the most suitable officers and obtain approval
of the competent authority for secondment of the officer with the
civil departments.

(iii) On receipt of confirmation/approval from the borrowing Ministry/


Division. Defence Division will convey the same to the Services HQ
concerned to allow the officers to join the respective organization.
[Authority:- Estt. Div.s O.M. No.1/99/2000-CP-6, dated 10-01-2001]

22.3 Terms and Conditions of Deputation


Abroad of Police Officials on UN
Peace- Keeping Missions

Reference Finance Divisions UO No. 3(7)R-10/94-902/2001, dated 23rd


January, 2002 on the above subject.

2. The deputation of police officials under various UN Missions is


approved by the competent authority from time to time in accordance with the
request of Ministry of Interior. The proposed terms and conditions will be
applicable in all the cases approved by the competent authority, from time to time,
under United Nations Peacekeeping Missions abroad.

3. In view of the above, Finance Division is once again requested for


vetting of the draft terms and conditions proposed by Ministry of Interior read with
this Division vide OM of even number dated 16.5.2001, 13.8.2001, 16.11.2001 as
the matter has been considerably delayed and Ministry of Interior is pressing hard
for clearance of the terms and conditions of deputation of police personnel under
United Nations Peacekeeping Missions abroad.
[Authority:- Estab. Div.s O.M. No. 5/2/2001-T-IV, dated 28-01-2002]

In the present context, it would imply COS to the President; the Principal Secretary to the Prime
Minister.
471

Sl. No. 23

Deployment of Police Personnel in UN Missions

Reference Estab. Div. OM No. 5/2/2001-T-TV, dated 28th January, 2002 on


the above subject. Finance Division is of the view that the deployment of police
personnel in UN Missions cannot be considered as deputation to foreign service
unless they pay these personnel, the salary, allowances and other facilities.
Deployment of personnel in UN Missions means that the person will go out of the
cadre. The cadre means under FR 9(4) the strength of a service or a part of a
service sanctioned as a separate unit. According to FR 9(7), foreign service means
the service in which the government servant receives his substantive pay with the
sanction of the Government from any source other than the revenue of the
Governor General or of a province etc. If we consider these police officials on
foreign service, they cannot be paid salary and other facilities from the revenues of
the Government of Pakistan. Moreover, UN is allowing them subsistence grant.
When the subsistence grant is allowed to a government servant by a foreign
mission, he cannot be paid the salary from revenues of Government of Pakistan.
The provision of FR-9(27) is as under:

Subsistence grant means a monthly grant made to a Government


servant who is not in receipt of pay or leave salary.

2. In view of this provision in the financial rules, the police officials sent
to serve the UN Missions cannot claim or cannot be paid the salary from the
revenues of Government of Pakistan, in this case the concerned Police
Department. They can claim pay from the Government of Pakistan or Police
Department concerned when they serve under the Government of Pakistan. The
rule position has been clarified under FR-9(28) as under:

The substantive pay means the pay other than special pay, personal
pay or emoluments classed by pay by the Governor General under
rule 9(21) (a) (iii) to which a Government servant is entitled on
account of a post to which he has been appointed substantively or by
reasons of his substantive position in a cadre.

When a police personnel is serving in the UN Mission, he is not serving


against his substantive post or substantive post or substantive position in a cadre.
He cannot be paid pay from the general revenue of Government of Pakistan.

3. From the provisions of above rules, it is clear that police personnel


sent to serve the UN Missions cannot claim pay from Government of Pakistan as
they did not serve the Government of Pakistan as they did not serve the
Government of Pakistan or in their cadre. Moreover, since they will be in receipt of

President; Revenues of Government of Pakistan.


472

subsistence grant or allowance they cannot be paid salary. Their period of duty in
UN Mission will also not be counted for the purpose of pension unless they pay
pension contribution. This period will also not count for the maintenance of leave
account. They are also required to contribute towards GP Fund etc. However as a
special compensation the government may allow the families of such police
personnel to retain the government accommodation and medical facilities.

4. In view of above, Establishment Division is requested to reconsider


the proposed terms and conditions of police personnel so as to bring these in line
with the rules.

5. This issues, with the approval of the competent authority.

[Authority:- Finance Div.s OM No. F.3(7)-R-10/94, dated 7th March, 2002].

23.1 Deputation/Employment etc. of


Government Servants with International
Organizations/Foreign Governments/
United Nations Specialized Agencies

Reference this Divisions O.M No. 1/65/90-T-IV dated April 22, 1998 on the
above subject. The policy on employment with international organizations/UN
specialized agencies has been reviewed. It has been decided that civil servants,
who are selected by international organizations/UN specialized agencies, may
invariably be treated as on deputation for a maximum period of five years, after
obtaining clearance of the Special Selection Board and approval of the competent
authorities (Chief Executive*) for officers in BPS 19 and above and Establishment
Secretary for officers in BPS 17 & 18 with the following modifications conditions:-

(i) The policy shall also apply to the case of deputation to foreign
governments (both in Pakistan and abroad);

(ii) The deputation shall be made initially for a period equal to the
approved tenure of appointment offered by the borrowing international
agencies/foreign governments, subject to renewal;

(iii) Survey bond shall be executed by the government servant concerned


that he will revert to the parent government/department on completion
of the approved tenure of deputation and in case of default he will
render himself liable to E&D proceedings for misconduct (un-
authorized absence);

(iv) No government servant shall approach the international agencies/


foreign governments, for seeking employment etc. directly;

* Prime Minister.
473


Instructions to Para IV above.

When such Government Servants seek approval of competent


authority for deputation after receiving offer of appointment without
fulfilling procedural requirement of obtaining NOC from
Establishment prior to applying for the job, their cases are likely to
be declined as per governing instructions which create
embarrassing position not only for the concerned Government
Servants but also for the Government of Pakistan before the
International Organizations /UN Specialized Agencies.

(v) The government servant proceeding on deputation, under the above


policy, shall vacate the government allocated residential
accommodation, as per extant rules.

2. The competent authority for officials in BPS 16 and below/equivalent,


shall continue to be the administrative Secretary of the Ministry/Division.

3. All Ministries/Divisions/Provincial Governments are requested to


ensure compliance of the above instructions.
[Authority:- Estab. Div.s O.M No. 5/3/2002-T-IV, dated 18-09-2002]

Sl. No. 24

Recruitment to Excluded Posts and of Persons in Subordinate Offices for


Appointment in Secretariat/Attached Departments

Certain posts with technical qualifications were excluded from the


ordinary cadre of departments for recruitment, provided these should not be
transferred or promoted to posts in the ordinary cadre in any office. Experience in
India, however, showed that the clerical establishment Secretariat/ Attached
Offices hardly included any post considered really requiring technical
qualifications. In effect, the posts removed from the ordinary cadre for technical
qualifications generally provided a back door' entry. Another objection was that
the persons appointed to excluded posts were not eligible for transfer or
promotion to posts in the ordinary cadre, and had to remain throughout service in
the post in which they were initially appointed, unless there were some other
"excluded posts to which they could be promoted. After some years of service,
the persons appointed against "excluded posts saw that their contemporaries
recruited against ordinary posts were promoted. They felt discontented though
recruited for a particular type of work in view of their technical qualifications and
had no claim for promotion to posts which did not fall within their ambit. Yet, they
harboured a grievance and put forward their claim for promotion in the ordinary
cadre for experience of Secretariat work a claim supported by departments. The
requests had to be refused.

Added vide Estt. Div.s O.M No. 5/3/2002-T-IV dated 1st July, 2013.
474

2. Establishment Division considered that there was no need to


provide for an "excluded cadre" in the clerical establishment recruitment to which
was then made through FPSC. If there was any post requiring technical
qualifications, it should be sanctioned separately from the clerical cadre and
recruitment thereto made.

3. The justification for this provision was that the experience of a


person employed in a Subordinate Office could be of any real advantage to an
Attached Department or Division only if the experience was of a technical or
special nature. It followed that the transfer of a person from a Subordinate Office
the Secretariat could be justified if the post to which he was appointed required
technical or special qualifications he had by his experience in the Subordinate
Office. The post could be treated like other posts with technical or special
qualifications.

4. The issues were:-

(i) Whether future rules for recruitment to Ministerial Establishment in


the Federal Secretariat/Attached Departments should include a
provision:-

(a) for posts "excluded" from their ordinary cadre for the purposes
of recruitment;

(b) for setting aside a portion of posts in Ministries/Divisions/


Attached Departments for recruitment from Subordinate
Offices;

(ii) If (i) (b) was true, should persons recruited by transfer from
Subordinate Offices be eligible for appointment in offices other than
those in which they were initially appointed by transfer from
Subordinate Offices.

5. The considered views were as follows:-

(a) There should be no "excluded cadre". Technical posts should be


sanctioned and recruitment made in consultation with the FPSC.

(b) A percentage of posts should be set-aside for recruitment from


Subordinate Offices and that these persons should be eligible for
appointment and promotion only in offices in which they were
appointed by transfer.

6. As a result, direct recruitment to all posts and vacancies in the


clerical and Assistants grades in Secretariat/Attached Departments was to be by
Establishment Division through FPSC.
475

7. The posts requiring special or technical qualifications were to be


created, in prior consultation with this Division, as isolated posts and recruitment
made in consultation with FPSC. Persons recruited against these posts were not
eligible for appointment to any posts in the clerical or Assistants grades, or to
higher posts (in the grade of Superintendent or Assistant Secretary), whether or
not they held, prior to their appointment to the special or technical posts, in the
regular cadre. Similarly, persons, holding non-technical appointments, e.g.
*
Stenographers, were ineligible for appointment to these posts.

8. As for posts "excluded" from the regular cadre under orders in force
in undivided India, they were to be separated from the regular cadre under
intimation to Establishment Division. The future cadre of clerks and Assistants in
Ministries/Divisions/Attached Departments, consisted of posts sanctioned by
Ministry of Finance minus the "excluded posts.

[Source Adapted from Establishment Divisions Office Memorandum No.


54/1/48-Ests. (ME) dated 14-8-1948, 27-5-1948, 27-8-1950, 27-7-1949 and 19-4-1954,
Establishment Manual, Vol. III, Sl. Nos. 98, 99 and 100, pp 140-145].

_________________

*Now Assistant Private Secretary.

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